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Annual report / Arizona Underground Storage Tank Policy Commission

Underground Storage Tank Policy Commission Annual Report 1999

ARIZONA UST POLICY COMMISSION
December 31, 1999
The Honorable Jane Dee Hull, Governor
The Honorable Brenda Burns, President of the Senate
The Honorable Jeff Groscost, Speaker of the House
The Director of Environmental Quality
State of Arizona
1700 West Washington
Phoenix, Arizona 85007
Dear Governor, President of the Senate, Speaker of the House, and Director ADEQ:
Pursuant to the reporting requirements of Arizona Revised Statutes 49-1092, the
attached report is being submitted to you by the Underground Storage Tank Policy
Commission. This report contains an evaluation of the Arizona Department of
Environmental Quality (ADEQ) Underground Storage Tank (UST) Program conducted
during the calendar year 1999.
The members of the UST Policy Commission wish to thank you for the opportunity to
participate in the Commission. The Commission has worked hard to gather information
needed to present a comprehensive and fair evaluation of the UST Program.
Respectfully,
~UJ,
Myron W. Smith, Chairperson
Arizona UST Policy Commission
ANNUAL REPORT
of the
UNDERGROUND STORAGE TANK
POLICY COMMISSION
Presented to
The Govemor
The President of the Senate
The Speaker of the House of Representatives
The Director of the Department of Environmental Quality
December 31, 1999
AR1ZONA STATE LIBRARY
ARCHIVES & PUBLIC RECORDS
SEP 2 3 2002
EXECUTIVE SUMMARY
The Underground Storage Tank Policy Commission was established by Arizona Revised
Statutes (ARS) 49-1092 in 1998, to review and provide recommendations to improve the
Arizona l!ncierground storage tank (USn program which is administered by the Arizona
Department of Environmental Quality (ADEQ). This is the initial report of the commission
as called for in paragraph 0..2 .. f the above statute ..
The commis~ion members were selected, and the commission began its workli1 January
of 1999. During this first year of operation, the Commission has focussed its attention on
those issues and activities that were of current priority.. These subjects included the
major UST activities being carried out by ADEQ during 1999; the commission also began
to address US!' issues identified in paragraph 0..2. of ARS 49-1092.
Myron Smith was selected as chair of the commission, and Michael O'Hara was selected
as vice-chair. The commission also established technical, financial and administrative
subcommittees, through which it could more effectively examine and consider the range
of issues it would be addressing.
ISSUES ADDRESSED
1.. Regarding major ADEQ UST activities during the year, the commission considered
and provided recommendations on the following topics:
/
Corrective Action Plan (CAP) Guidance Document
ADEQ State Assurance Fund (SAF) CostlDefinitions package
Letter of Support for ADEQ UST (Sunset Review)
Proposed UST Corrective Action rules
Proposed UST SAF Rules (under review)
The commission developed and provided comments and recommendations with a view
toward carrying out the purposes and objectives of applicable law, and providing the
benefit of the knowledge and experience of commission members.
2. The commission established a subcommittee to developed a work statement in
preparation for awarding the contract called for in Laws 1999, chapter 193, to conduct a
technical study of releases from USTs to groundwater.. The work is in progress.
3. In addition to the above, the commission reviewed ADEQ Regulatory Account funding,
and discussed options to address the fact that the account is inadequate to cover costs.
The commission also identified priority topics it intends to address in 2000.
TABLE OF CONTENTS
I. Introduction
II. Statement of Purpose .
Ill. Summary of UST Advisory Committee (1996-1997) .
IV. Summary of Accomplishments for 1999
V. UST Program Evaluation
Vi. Other Mandated Activities
VII. Priorities for the Year 2000
Appendix A UST Advisory Committee Recommendations
Appendix B Year 2000 Cost Ceiling and Item Descriptions
Appendix C Corrective Action Plan (CAP) Guidance Document
Appendix D Regulatory Account Funds Recommendation
Appendix E Recommendations on the Corrective Action Rules
Appendix F Letter of Support for ADEQ UST (Sunset Review)
Appendix G Budget and Expenses
Appendix H Agendas and Minutes
I. INTRODUCTION
This report has been prepared to satisfy the requirements of Arizona Revised Statutes
. (ARS) 49-1092 .. The report describes the purpose of the Underground Storage Tank
... ~(UST) Policy Commission (the Commission), a summary of past' work accomplished by
the UST Advisory Committee (1996-1997), the accomplishments ofthe<UST Policy
· Commission (the Commission) for the calendar year 1999, an evaluation of the Arizona
Department of Environmental Quality (ADEQ) UST Program (the Program) and projected
Commission priorities for the year 2000.
II. STATEMENT OF PURPOSE
The UST Policy Commission was established to review and proviqe recommendations to
improve the ADEQ's UST Program established pursuant to Chapter Six of the Arizona
R.evised Statutes.. The Commission is tasked by Arizona Revised Statute (ARS) 49-1092
~\;''':ith evaluating the overaii effectiveness of the UST Program and submitting a report to
the Director of ADEQ, the Speaker ofihe House of Representatives, the President of the
Senate and the Governor at least annually. The Commission consists of the following
members::
1.. A representative from a city or town government that owns or
operates underground storage tanks.
2.. A representative of an environmental organizatiori..
3 A representative of the public who has e9vironmental experience.
4. A representative of owners or operators with one hundred or more
underground storage tanks in this state.
5.. A representative of owners or operators with at least ten but fewer
than one hundred underground storage tanks in this state.
6. A representative of owners or operators with fewer than ten
underground storage tanks in this state.
7. A representative of environmental consultants who is qualified by the
underground storage tank program.
s.. A representative of the public who has experience in finance or
insurance matters.
9.. An environmental attorney not employed by the state.
10. A representative of the attorney general's office.
11. The director or the director's designee ..
A,RS 49.,.1092 requires that the reports evaluate the overall effectiveness of the UST
Program, including::
-
1.,
2.
3,
4"
5.,
6.
~ : - ~. : ~ - ", ; : - ,
The adequac;y of protection to human healthandJhe erJ:vironment
The cost-effectiveness of corrective actiqns. ' , "
The appropriate use of assurance ay~quntmonjes;, , "
The need for additional assurance account monies or other monies
to meet the needs of the program,
Evaluation and recommendation of dates to phase out"the
assurance account and transfer responsibility for corrective action
costs to the private insurance industry.
Ways to reduce'future claims to the assurance account and
encourage compliance with new tank standards by lowering claim
ceilings and increasing co-payments.
III. SUMMARY OF UST ADVISORY COMMITTEE
(1996-1997)
The Governor's UST Advisory Committee was created in 1996 to evaluate the
prioritization of leaking underground storage tank (LUST) cor~ectiVe actions and SAF
coverage. The Advisory Committee was charged with examining, analyzing and making
recommendations on several issues. Final recommendations were submitted to the
Governor, the President of the Senate, the Speaker of the House and the Director of
ADEQ on December 15,1997. Those recommendations have been included as
Appendix A.
IV. SUMMARY OF ACCOMPLISHMENTS FOR 1999
A. The UST Policy Commission was formed.
B. Myron Smith and Michael O'Hara were selected as Chairperson and
Vice-,Chairperson, respectively.
C. Technical, administrative and financial subcommittees were formed"
D. The Commission subcommittees addressed the following issues:
1. Reviewed and made recommendations on ADEQ's Corrective Action Plan
(CAP) Guidance Document.
2" Reviewed and made recommendations on the ADEQ's SAF Cost Ceilings.,
3 ..
4.
5 ..
6 ..
Reviewed and made recommendations for adequate funding of the UST
Regulatory Account which supports the release prevention portion of the
Program.
Developed a direction for the $500,000 UST Technical Groundwater Study ..
Reviewed and made recommendations on ADEQ's Corrective Action Rules
Reviewing ADEQ's SAFfUle package
E.. The Commission submitted comments to ADEQ on the following issues::
1. The CAP Guidance Document.
2. The SAF Cost Ceiling activity descriptions ..
3. The short-term and long-term funding of the UST Regulatory Account.
4.. The Corrective Action Rules
V. UST PROGRAM EVALUATION
As described in Section II, the UST Policy Commission is tasked with evaluating the
overall effectiveness of the UST Program.. Senate Bill 1381 mandated six issues by
which the UST Program could be evaluated.. Each of those issues will be addressed
separately below.
A. MANDATE ANALYSIS
MANDATE 1:
THE ADEQUACY OF PROTECTION TO HUMAN HEALTH AND THE ENVIRONMENT
BACKGROUND
Program oversight by ADEQ consists of meetings with the parties who are conducting
corrective actions, review of corrective action reports, site visits and, if necessary,
enforcement.
The Program tracks corrective action milestones such as site characterization site
remediation and site closures. The following data have been gathered for calendar year
1999.
4,360 LUST sites (58%) have been remediated to levels protective of human
health and the environment and the LUST file subsequently closed by
theADEQ.
2,400 LUST sites are undergoing site characterization ..
In addition, the UST Program is in the process of plummeting a risk based corrective
action (RBCA) process that calculates site-specific contaminant concentrations that are
still protectiye of human health and the environment. The following table describes the
three-tiered approach to the RBCA process. ~ :: ",: Y'
ADEQ UST Program's
Current Risk Based Corrective Action (RBCA) process
Me'ciium, " Tier 2 Tier 3 '-,
" Tier 1 "
Soil .. ,., Residential/non- Department Risk assessments" "
residential soil determination for
remediation levels diesel/waste oil sites
(SRLs)
Soil leaching to Minimum Limited site specific Site specific
. groundwater
groundwater
" ..
protection ieveis (GPLs) I
None (rules required) None (rules required)
Surface water Water quality
standards (WaS)
None (rules required) None (rules required)
ADEQ also proposed Corrective Action Rules as required in ARS 49-1005 . F. The
Commission reviewed an earlier draft of the rules during the ihformal comment period, as
well as the formally proposed rules, and submitted recommendations to ADEQ.
The above represent ADEQ's continuing efforts to carry out their legislative mandates ..
The Commission will continue to monitor and evaluate the UST Program's activities and
make policy recommendations as appropriate.
MANDATE 2:
THE COST EFFECTIVENESS OF CORRECTIVE ACTIONS
The Commission is currently discussing this topic during 1999. The Commission will
continue to consider and make recommendations to this issue as it continues to review
and evaluate the UST Program in 2000.
MANDATE 3:
THE APPROPRIATE USE OF STATE ASSURANCE FUND (SAF) MONIES
The Commission is currently working on this topic. The Commission will consider and
make recommendations on this issue as it continues to review and evaluate the UST
Program, and has identified it as a priority for the year 2000.
MANDATE 4:
TH~E NEED FOR ADDITIONAL ASSURANCE ACCOUNT MONIES OR OTHER
: MONIES TO MEET THE NEEDS OF THE PROGRAM ~' ;
" -
·1ih~ Qqrnf!1i?sion is evaluating alternatives to this topic during 1999_: ': The':Gornmis.sion
will review and make recommendations on this issue as it continues. to review and
.: ~;vaI0C3te theUST Program, and has identified it as a priority for the yea~ 2000 .. ,.
MANDATES:
. l;V:t\l,.UA TION AND RECOMMENDATION OF DATES FOR' PHASING OUT THE; SAF
. AND; TRANSFER RESPONSIBILITY FOR CORRECTIVE ACTIONS COSTS TO THE
PRIVATE INSURANCE INDUSTRY
.o? The Commission is working on this topic during 1999.", The Commission will revieW and
make recommendations on this issue as it continues to review and evaluate the ,UST
Program, and has identified it as a priority for the year 2000.
MANDATE 6:
METHODS OF REDUCING FUTURE CLAIMS TO THE ASSURANCE ACCOUNT AND
ENCOURAGING COMPLIANCE WITH NEW TANK STANDARDS BY LOWERING
CLAIM CEILINGS AND INCREASING ,f
CO-PAYMENTS.
Due to the demands of other mandated priorities, the Commission did not devote
substantial attention to this topic during 1999. The Commission will consider this issue
as it continues to review and evaluate the UST Program in year 2000.
VI. OTHER MANDATED ACTIVITIES
Senate Bill 1381 required ADEQ to propose task-based and incremental descriptions of
SAF reimbursable activities to the Commission. In addition, SB1381 appropriated $500,
000 for the Commission to conduct a technical study of releases of regulated substances
to groundwater.
1. $500,000 Technical Study
The Commission evaluated several options for conducting the Technical Study and has
developed the following goals and direction: establishment of a subcommittee to produce
an RFP to submit to the full UST policy commission for requesting bids through the state
procurement system. We estimate this will be completed by June 2000.
2. Task-Based Incremental SAF Cost Ceilings
The Commis?ion. worked with the ADEQ UST Program t? ... devel9P task,.based afld
incremental descriptions of corrective action activities that eire reimbursable by the SAF.
" Thesedescriptions were prepared to reduceconfusionabqut 1/v'h.at§ctivities are includeq .
in the SAF cost ceilings. Clarification of the cost ceiHng cjescriptions~ would in turn reduce
costs to the SAFby alTowing the SAF to be admini~ter~cj more,€fficiently and CO$~
effectively.. The Commission successfully reviewed the cost ceilings and made
recommendations to the ADEQ Director who approvt;:d those recommendations. The
cost ceiling descriptions are included in the Appendix B.
VII. PRIORITIES FOR THE YEAR 2000
In this first year of operation, the Commission has focussed its attention on those issues
""and activities that were of current priority.. During the year 2000 the Commission vjill
continue its review and evaluation of the Arizona UST program.. It will focus on those
topics, which are high priorities for the year, relating to issues that will be arising during
that period. The Commission anticipates that its priorities for 2000 will be.:
Continuing with the technical study of releases from UST's to groundwater;
Phasing out the State Assurance Fund and transferring corrective action costs to the
private insurance industry; '"
The need for additional assurance account monies or other monies to meet the
needs of the UST program;
- Appropriate use of State Assurance Fund monies ..
In addition, the Commission will continue to monitor and make recommendations
regarding other issues related to Commission functions, which may arise during the year.
Examples include other chemicals of concern that may be identified (such as MTBE) and
ongoing ADEQ activities.
APPENDIX A
::~ 997:U5T Advisory 00rTlmittee Recbtnmeodations
1 .. Establishment of a permanent oversight commission .
. 2. The permanent oversight commission gives serious consider?tion to having an
, outside independent, third party~ctua!ial study performed on the UST and SAF
programs (Le. ~ the study of the$AF costs used to administer the UST/SAF
programs).. '.
3. ,The $AF be phased out and the date for phase out be considered by the permanent
. oversight commission. In considering the phase out, the commission should take
into consideration any new regulations, including regulations related to Methyl
Tertiary Butyl Ether (MTBE).
94. The legislature return borrowed SAF monies from tRe source that borrowed the
monies and additionally, the legislature adequately fund the SAF so that it may meet
its identified liabilities.
5. Remove mandatory pre-approval, make the pre-approval process voluntary and
direct ADEQ to readdress the ranking system for SAF payments so that those who
do not go through the pre-approval process will not be penalized.
6. ADEQ take whatever steps are necessary to implement a Risk Based Corrective
Action (RBCA) mechanism and move forward with implementation of a certified
remediation specialist program in conjunction with those efforts.
7. If the permanent oversight commission is established into law it should be
adequately staffed.
8. The enforcement policies are periodically reviewed and that these policies should be
considered in the next audit of ADEQ and that review of enforcement policies be a
proper area of consideration for the commission.
Several speakers representing insurance companies, ADEQ staff, environmental
attorneys and consultants contributed to the discussions. During the discussions on
phasing out the SAF, there was concern that insurance policies may be canceled once
the SAF is phased out because the legislative intent was to place the SAF in the
secondary position to the insurance company. Mention was also made that the premium
rates may change to some extent once the phase-out occurs. Bonding was discussed,
as a mechanism for decreasing the fund's liability, but was tabled after a representative
of the Attorney General's office indicated that a constitutional amendment would be
necessary to create the authority to authorize bonding.
APPENDIX B
RECOMMENDATIONS for ..
YEAR 2000 COST CEILING and ITEM DESCRIPTIONS
~/ .
ARIZONA UST POLICY COMAIISSION
September 15, 1999
Ms .. Jacqueline E. Schafer
Director
Arizona Department of Environmental Quality
3033 North Central Avenue
. Phoenix, AZ 85012
Re: Arizona UST Policy Commission Recommendations for the SAF cost definitions
document
Dear Ms. Schafer:
The AZ. Underground Storage Tank (USn Policy Commission has reviewed and discussed in
detail the SAP cost definitions document for the year 2000 cost survey prepared by the Arizona
Department of Environmental Quality (ADEQ) SAF Section~ The recommendations for changes
are submitted for you review and comment in chronological order as they appear in the SAF
definition document. The commission voted to recommend concurrence ",;jth the SAF definitions
including the changes.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithI tlVtosco.com.
Sincerely,
~LU.
Myron w. SJuth .
Chairperson, Arizona UST Policy Commission
Attachment
cc: Az... UST Policy Connnission Members
Septem ber J 5, 1999
Mr .. Myron Smith
Chair UST Policy Commission
ToscoMarketing Company
1500 N. Priest Drive
Tempe, AZ 85281
Re: UST Policy Commission Technical Sub-Committee Chairman Comments and
Recommendations for Year 2000 Cost Ceilings Document Dated September 1, 1999
vs. The August 12; 1999 Consensus Document.
Me Chairman:
The members of the sub-committee appreciate ADEQ's willingness to work with the
stakeholders to develop the best possible cost-ceiling document. However, recent changes to the
cost-ceiling item descriptions by ADEQ, have made the process of formulating
recommendations more difficult After considerable efforts by the suh..,committee members and
ADEQ, we believed a consensus was reached regarding all but t\\'o o~; th.eitems. The consensus
document was issued by ADEQ on August 12, 1999, and the two remaining items wC!re
discussed and voted on during the September 1, 1999 meeting. In order to facilitate voting on
the cost-ceiling item descriptions as a whole, the Commission requested that a redlined
document be prepared. Late last week a redlined version was distributed; however, the new
document contains numerous changes that are in direct conflict with the earlier consensus
document. The new changes were made without notice to, or discussion with, the members of
the sub-committee or the stakeholders .. ADEQ's reversal of its earlier position creates the need to
once again discuss concerns with the document
AddItionally, the recent changes have created uncertainty regarding the full scope of the
document before the UST Policy Commission. The September 12, 1999 version of the cost
ceiling item descriptions included a cover document entitled General Notes - Item Description
Clarifications. Because this document was not included with the final version presented to the
Commission, the sub-committee did not formulate recommendations concerning the substance of
this document. Therefore, because the document includes additional and conflicting policy, it
should not be considered by the Commission. In accordance with the statute governing the
Commission, if ADEQ stilI desires to implement any or all of the policy decisions contained
within the documerit, those policies should be presented to the Commission in a separate
document for item review.
Sincerely,
Chair UST Policy Commission Technical Sub Committee
7~[:~
Harold E. Gill, R.G.; CRS
Vice President/Chief Geologist
?n? !=nd I="rll nriw:" , •• ifo A7n • n'-___ ' .•..
Th'TRODUCTION
After many hours reviewing and comparing the documents mentioned above, the following issues need
to be presented to the UST Policy Commission for discussion,
SECTION I - CONCERNS WITH EXISTING TASK DESCRIPTIONS
PROJECT SET-UP AND ADMINISTRATION
Pg.1of34
[)
Previously Assessed Project Reyiew; and Agency Data Analysis Tasks
\ .' The .pre~iously .n~~otiate~ language. from the 8/1 ~/99 ~ocun:ent \vas chang~d for ~ese two tasks to
. specIfy where InItial project set-up IS not appropnate,. " Tl1IS language basIcally dIsallows the use of
. . the Project Set-Up Task with either of the above mentioned tasks except when the site is a brand new
,,~ ... site, However, if a site were new to the consuitant the Set=Up task wouid be needed as well.. The
~anguage is contradictory. The new langnage must be removed.
7 ,::g. I of34
The previously negotiated language from the 8/12/99 Document was changed from\"no travel over 60
miles t "120" miles This change was made throughout the 9/1199 Document. This is unacceptable!
(l)
, . nce agam:
r • Why should the consultant eat any mileage?
• This is not a contract with the State of Arizona. /
~o If the owner/operator want to enter into a contract with the consultant that will require the consultant
r-' to include mileage that is their prerogative not the States"
C! REMEDIAL WORK PLANS
Pg.4of34
Corrective Action Work Plans
New Ian",auage was added to the item descriptions for the remedial work plans. The language was
"include feasibility testing results". It must be made clear in the task description that all the
reporting for all the feasibility testing is to be included in the CAP. The language should state
something like "include a discussion of feasibility testing results" so there is no confusion.
FlELD ACTIVITIES
Pg.50f34
Consultant Day Rate
The task description states that "a consultant must be on-site a minimum often (10) hours to claim
a day rate". We understand that this was a typo and should have been (8) hours.
What does the consultant claim when they have been on the site greater that 8 hours? This needs
to be clarified!
Consultant Half-Day Rate
The task description states that "a consultant must be on-site a minimum offive (4) hours to claim a half­day
rate". What does the consultant claim when they have been on the site less that 4 hours or from 5 to
7 hours? This needs to be clarified!
It is recommended that the appropriate day or half-day rare be submitted plus the number of hours in
excess of this rate be charged at the appropriate hourly rate for the personnel perf9rrning the activity.,
For example, a staff-level geologist in the fieJd for 7 hours will charge the half-day'rate plus 3 hours at
the stafflevel rate ..
CONTRACTOR DRlLLING-RELATED ACTIVITIES
Pg., 8 of34
@ The limited access drilling method Angle Boring was removed from the item descriptions . .s .' Remo,;ing the angle-boring task for the other drill rigs in understandable but the limited access
, drill rigs can do angle borings. It is recommended that this task be put back in the item
t-.." -t'" ~ descriptions.
O~
GROUI\1J)WATER MONITORING Al\1J) SAMPLING
Pg. 13 of 34
Professional Survey of Ground'water Monitoring Wens
The professional survey portion of the task should be a Cost + Item.. The consultant does not perfonn
this activity, therefore, why would the consultant provide a cost for it? However, the consultants'
management, coordination and field time should have a cost ceiling.
PILOT AND FEASIBILITY TESTING
Pg. 14 of34
Soil Vapor Extraction (SVE) Test & SVE/Air Sparge Test
@ The task descriptions include the testing equipment However, consultants typically use a portable YES
~ anator YES/Air Sparge pilot test unit, The size of the unit required depends upon the soil type and
number of soil horizons beneath the site and the length of piping runs. Therefore, the cost for the
portable unit varies depending upon the size and whether it is carbon or a catalytic unit. If this activity
~(1S/were to be removed from the task description the resulting survey cost would be more representative of
~ the true cost of the pilot test.. It was the understanding of the sub committee that this request was ..
accepted by the ADEQ, and as such, was not discussed in the September 1, 1999 recommendations letter
to the Policy Commission.
It is recommended that the portable SVE and SVElAir Sparge pilot test units be removed from this
task description and be included in the Equipment Rental Section of the Cost-Ceiling Definitions.
lfthe language is not changed and the consultant rents a test unit, will the ADEQ reimburse the cost for
rental of the unit? Believe me this is a much better and more cost effective approach to SVE/ AS testing_
Pg.14, 15, 16 of34
Some of these tasks make it clear that the data analysis and reporting are not included in the task and
others do not
IT MUST BE MADE CLEAR THAT DATA ANALSIS AND REPORTING FOR THESE TASKS
ARE TO BE INCLUDED IN THE CAP OR OTHER TASKS.
REMEDg TION ACTIVITIES
Pg. 16 of34
Bulk soil Transportation
Loading should not be part of this task. Loading should be included in the remedial excavation item
description ..
'\ Pg. 16,17,18 of34 \. 0 ) There is going to be a lot of problems with the per-drum and per-ton tasks.
,'Pg. 18 of 34
~~' Why was the S, AF Bid P, reparation Task removed? There is ,a cost involved with bid speck preparation
\ \ .lnd submittal to the contractors. If this is a requirement ofth~,--task then it should be reimbursed.
()
O~ REMEDIALREPORTS
Pg.19 & 20 of34
~The site conceptual model in the SCR is basically a precursor to the CAP. How do the consultants
\ account for thetwo to three conceptual models prepared previously? Will the ADEQ balk at consultant
ime listed under the SCR that was charged prior to the report being written?
Pg.20 of34 / ' '
Language for the incremental cost increase for monitor wells must be included after the Task description
for the ADEQ-approved Standard SCR report for up to 4 soil, borings and 4 groundwater monitor wells.
In addition, language for the incremental cost increase for soil borings must be included in this language.
PER DIEM RATES
® Pg.270f34
Fieldwork Per Diem Without Overnight Stay \Ac The ininimum IO-hour field day should be removed from the task description or change9 q,Q.,S
~hOUrs. ~
ARIZONA DEPARTMENT OF EN"'VIRONME1'lT.-\L QUALITY
Th7EROFFICE l\1EMORL\...NDUM
DATE: September 15, 1999
TO: UST Policy Commission
FROM::: UST CorTective Action Section
SUBJECT: 2000 Cost Ceilings Edits
The attached copy of the Draft 2000 Cost Ceiling Item Descriptions is identical to the copy
distributed September 1, 1999 with the following exceptions:
Redline - this copy documents the changes that have been made based upon
recommendations from the Technical Sub-committee.
2. All spelling errors should be corrected. ,c
1. The Consultant's Day Rate documents the 8 hours recommended by the Technical Sub­committee.
The September 1, 1999 copy erroneously documented 10 hours.
A mileage rate for mobile laboratories has been included.
The task description for UST removal includes permit acquisition.
ARIZONA UST POLICY COMMISSION
November 13, 1999
Ms .. Jacqueline E. Schafer
Director
Arizona Department of Environmental Quality
3033 North Central Avenue
Phoenix, AZ 85012
Re: UST Policy Commission Recommendations for UST RegJJlatory Account and SAF
Cost Ceiling Methodology
Dear Ms .. Schafer:
The Underground Storage Tank (UST) Policy Commission has reviewed and discussed in detail the
UST Regulatory Account shortfall in monies to adequately run the program, and the SAF cost
ceiling methodology prepared by the Arizona Department of Environmental Quality (ADEQ) and
the stakeholders.. The following recommendations (attached Financial sub-cornmittee letter)
represent support by members of the UST Policy Commission present at the meeting held on
September 15, 1999 .. The recommendations are submitted for your review and adoption.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithl@tosco.com.
Sincerely, ~ (
~ 0. c:1:i:"L
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Attachment Financial sub-committee letter
CC: Az.. UST Policy Commission Members
f,f:l2515'3578
November 4, 1999
.Mr. Myron Smith .
ChairUST Policy Commission
ToscD Marketing Company
1500 N .. Priest Dr ..
Tempe, AZ 85281
o <. ~ & ASSOCIATES
Re: UST Policy Commission Fmancial Subcommittee Recommendations
11r. Chairman,
""
PAGE 82
The Financial Subcommittee of the UST Policy Commission has made the following recommendations:
UST Regulatorv Ace!!!!!!!
1. The UST Policy Commission supports the UST Inspections and Compliance Pro gram.
2. The fub.iling shortfall in the UST Regulatory account should be ccwered by a line item
appropriation in ADEQ's annual budget. /
Cost CeiIin~ MethodolD~
.>
I. The State Assurance Fund Statutes and Rules should be amended so that the annual
requirement to revise the cost ceilings should be relaxed to every three years. ADEQ
should also consider annual increases to the cost ceiling amounts to cover inflation.
2. For cost ceiling items which have sufficient survey results, ADEQ should set the cost
ceiling amount no lowerfuan the mean or median of those results.
Sincerely,
Michael B. O'Hara
Financial Subcommittee Chairman
APPENDIX C
CORRECTIVE ACTION PLAN (CAP) GUIDENCE
DOCUMENT
/
ARIZONA UST POLICY COMMISSION
1\1ay 31, 1999
Ms. Jacqueline E. Schafer
Director
Arizona Department ofEnvironrnental Quality
3033 North Central A venue
Phoenix, AZ 85012
Re: UST Policy Commission Recommendations for Corrective Action Plan Guidance
Document
Dear Ms. Schafer:
The Underground Storage Tank (USn Policy Commission has reviewed and discussed in detail
the Corrective Action Plan (CAP) Guidance Document prepared by the Arizona Department of
Environmental Quality (ADEQ) UST Section. The following recommendations represent a
consensus by members of the UST Policy Commission present at the meeting held on April 1.5,
1999. The recommendations are submitted for your review and comment in chronological order
as they appear in the CAP Guidance Document.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithl@tosco.com.
Si~w.~l
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Attachment
CC: Az. UST Policy Commission Members
DISCL-uMER
Remove the last two (2) sentences from the disclaimer.
1J'HROD UCTION
Pg .. I
Remove the first sentence from the Introduction through "and environment... .. ".
CAP CONCURRENCE
Pg .. 2
Somemembers of the sub committee felt that 120 days for review of the CAP was to long. The
ADEQ indicated that currently they were trying to tum around CAPs within 90 days and this has
been verified for some recent CAPs submitted. However, until a final time frame for review of a
CAP can be established under the Licensing Time Frame Rule, the sub committee recommends
that the current time frame allowed for CAP review should be 90 days.
PUBLIC P ARTICIP ATION
Pg~2
The ADEQ and stakeholders should work together to develop boiler-plate language for a generic
public notice and where applicable the responsible party should bi ail owed to work with the
ADEQ to provide appropriate site-specific language for the public notice;
APPENDIX A: IMPACTED SOIL SITES
Pg.4
Remove the last sentence in the third paragraph starting with "The ADEQ must approve the ........ " ..
APPENDIXB: EXPOSURE ASSESSMENT
Pg.6
Eliminate "-95" from "(ASTM) Standard E 1739-95" or include "or most current revision".
APPENDIXC: APPLICABLE CLEANUP LEVELS
Pg.7; SOIL
Remove from third paragraph, fU'st sentence "encapsulated in the soil or ponded on groundwater"
APPEI\1J)IX D: CORRECTIVE ACTION PLA.t\T OUTLINE
Section I: Assessment of Impacts
Pg.9
The ADEQ needs to develop language for the CAP guidance document or elsewhere (the Site
Characterization Manual) that will clarify the current ADEQ policy on groundwater sanlpling
frequency as it relates to the CAP requirements.
Section II: Exposure Assessment
Pg. 10
. Remov~ fourth and fifth bullets "Estimated exposure duration; .. ": and "Estimates of
coritammanL .. ", respectively ..
The technical sub committee recommends that the ADEQ develop new guidance language and a
definition for a "source",. An exact definition of the "source" is critical for design of the remedial
system.
',' c',' '.' The technical sub committee recommends that the ADEQ develop new g'ilidaiJcelanguage and a
riewprocess for risk assessments that is separate from a CAP.
Section IV: Feasibility Analysis
Pg.I0 ... c:.
The guiciallce requires evaluation of at least three remediation strategies during the feasibility
analysis. The technical sub committee recommends that the following or equivalent language be
substituted in this section "provide three viable cost effective methods or justify if three do not
exist".
Section Vil: Confirmation Sampling and Decommissioning
Pg.l1
Insert a period after", and wells" and remove "after regulatory closure has been granted."
APPENDIX D
REGULATORY FUNDS RECOMMENDATION
ARIZONA UST POLICY COMMISSION
November 13, 1999
Ms. Jacqueline E. Schafer
Director
Arizona Department of Environmental Quality
3033 North Central Avenue
Phoenix, AZ 85012
Re: UST Policy Commission Recommendations for UST Regulatory Account and SAF
Cost Ceiling Methodology
Dear Ms. Schafer:
The Underground Storage Tank (UST) Policy Commission has reviewed and discussed in detail the
UST Regulatory Account shortfall in monies to adequately run the program, and the SAF cost
ceiling methodology prepared by the Arizona Department of Environmental Quality (ADEQ) and
the stakeholders. The following recommendations (attached Financial sub~mmittee letter)
represent support by members of the UST Policy Commission present at the meeting held on
September 15, 1999. Tne recommendations are submitted for your review and adoption.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithl!a>.tosco.com ..
Sincerely, iJn f
~ G0. c;;t;;t-L
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Attachment Financial sub-committee letter
CC: Ax .. UST Policy Commission Members
5112515'3578
November 4, 1999
...
Mr. Myron Smith
Chair UST poricy Commission
Tasca Marketing Company
1500 N.. Priest Dr.
Tempe, AZ 85281
O'HA~ & ASSOCIATES
Re: UST Policy Commission Financial Subcommittee Recommendations
MJ. Chainn:m,
PAGE 132
The Financial Subcommittee of the UST Policy Commission has made the folloWing recommendations:
UST Rezulatory Account
1. The UST Policy Commission supports the UST Inspections and Compliance Program.
2.. The funcling shortfall in the UST Regulatory account should be covered by a line item
appropriation 1n AD EQ' s annual budget.
Cost Ceilin~ Methodology
.~
1" The State Assurance Fund Statutes and Rules should be amended so that the annual
requirement to revise the cost ceilings should be relaxed to every three years. ADEQ
should also consider annualmcreases to the cost ceiling amounts to cover lnflation.
2. For cost ceiling items which have sufficient survey results, ADEQ should set the cost
ceiling amount no lower than the mean. or median of those results.
Sincerely,
Michael B. O'Hara
Financial Subcommittee Chairman
...
APPENDIX E
RECOMMENDATION on the CORRECTIVE ACTION .' . . :' . "'~. : - ,.~
RULES
ARIZONA UST POLICY COMMISSION
December 17,1999
Ms. Jacqueline E. Schafer, Director
Arizona Department of Environmental Quality
3033 N. Centra; Ave.
Phoenix, Az. 8 !i)12
Re: UST Policy Commission Recommendations for the Corrective Action
Rules; Title 18. Environmental Quality; Chapter 12. Department of
Environmental Quality Underground Storage Tank~; Sections R18-12-101,
102,2 $}, 2 ~,260, 260.01,261,262,263,263.01,'263.02,264,280.
Dear Director Schafer:
The Underground Storage Tank (UST) Policy Commission has reviewed and
discussed in detail the Corrective action rules, as referenced above. At the
Policy meeting held yesterday, the following motions were approved by vote of
the commission members:
"The Rules as they are proposed are not acceptable to the Policy Commission."
"We recommend that the director not adopt or submit these Rules to GRRC until
stakeholders concerns on the Rules have been addressed."
"We also recommend that the Director institute an intensive stakeholder process
including roundtables and public meetings in order to properly address the
concerns of the regulated community and other interested parties. D
and:
. ~-'. -
.; -.
Page 2
:'Givel1 the significance of the Corrective Action Rules package, the December
31,1999 statutory deadline for submission to the GRRC has been found to be
inadequate, and unachievable."
Although the Commission's decision on the two motions is only a
recommendation to you, we feel it is an accurate reflection of the regulated
community's concerns about this rule and we hope that you will give it due
consideration.
Furthermore, if the Corrective Action Rules are not submitted to GRRC, the
regulated community is willing to assume responsibility for the statutory deadline
not being meet .
J .
If you have any questions, please contact me at 602-728-6986 or via e-mail at
msmith1 @tosco.com.
Sincerely, ~L
~OV'-' k). ; .
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Cc: Commission Members
File
APPENDIX F
LETTER OF SUPPORT FOR ADEQ UST
: {SUNSET REVIEW)
,I ,"
ARIZONA UST POLICY COMMISSION
December 29, 1999
Senator Tom Freestone
Representative Carolyn Allen
Arizona State Senate
Arizona State House of Representatives
1700 W. Washington
Phoenix, Arizona 85007
Re: Support for ADEQ UST in Sunset Review
Dear Senator Freestone and Representative Allen:
I am writing you representing the Arizona UST Policy Commission, a broad group
representing stakeholders with gasoline underground storage tanks, to voice our
support for continuance of the Arizona Department of EnvironrT,lental Quality's
Underground Storage Tank department, for the Sunset Review process.
The policy commission's December 16,1999 meeting, consensus was given to
the chairperson to communicate to the Sunset Review Committee that the UST
department has made improvements over the last two years and continues to
move towards improving the relationships with the regulated public and
protecting the environment of Arizona, with fiscal responsibility.
Thank you for this opportunity to voice our opinion. If you have any questions,
please contact me at 602-728-6986 or via e-mail atmsmith1@tosco.com.
Sincerely,
~LU.
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Cc: Commission Members
Jacqueline Schafer, Director ADEQ
APPENDIX G
BUDGETS AND EXPENSES
! .
Policy Commission Travel and Outside Services FY 99/00
Travel Beginning Balance FY 99
FY 99 Travel
FY 2000 Travel Claim Roger Beal
FY 2000 Travel Claim Roger Beai
FY 2000 Travel Claim Karen Holloway
Ending Balance
·Projected Ending Balance
$5,000.00
842.74
431.64
431.64
149.37
$3,144.61
0.00
·Travel charges for'FY 2000 are, projected to be approximately $3200.
Outside Services Beginning Balance FY 99
·Encumber funds FY 2000
Ending Balance
$5,000.00
5,000.00
0.00 '1,1
" All funds have been encumbered for the services of a court reporter for the Policy Commission Hearings.
'!~ ;.
APPENDIX H
AGENDAS AND MINUTES
,./ '
UST PQIicy Commission Meeting
JarniaIi6-~\ 1999: 10:00 am-noon
Location: ADEQ Meeting Room 1709, 3003 N. Central Avenue, Phoenix
AGENDA ITEl\1S
1. Introductions and Background
2" Open meeting law and Conflicts ofInterest
3. Mission and role ofUST Policy Commission
~4. Elect Chairperson and Vice-Chair
5" Policy Commission administrative issues and protocol
6. Discussions regarding UST issues, policy, rule packages, and statutes, including:
a. State AssUrance Fund Rille Package
b. Corrective ActionlRisk-based Rule Package
c. Timeframes Rule Package
d. increase to one-cent per gallon tax on fuel
e. increase tank fees--financiaI shortfall ofUST regulatory account
f. SAP review procedures
7. Call to the public
8. Discuss next agenda and meeting date
9. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Liz Bernal at 207-2205. Requests should be made as
early as possible to allow time to arrange the accommodation.
UST Policy Commission Meeting
-,CommissionMeeting Minutes for Januarv 6, 1999
Members Present: Hal Gill, Mike O'Hara, Mike Denby, Matt Ortega, Myron Smith, Ed
Truman, Jean Calhoun, Elijah Cardon and Theresa Foster
Members Absent: Roger Beale
• Welcome and Introduction of Commission Members:
Board Members introduced themselves providing a briefbac~ground of their affiliations and
professional experiences.
• Open Meeting Law and Conflicts of Interest:
Tamara Huddlestron (Attorney General's Office) presented an overview with handouts to
Commission members of the provisions of the Open Meeting Law and Conflicts of Interest.
. .
The Open Meeting Law requires that all meetings of public bodies b~, cortducted openly and that
notices and agendas be provided for such meetings and that their official deliberations and
proceedings be conducted openly. Additionally, description of the Open Meeting Law and its
definitions were given in regards to "Public Body", and the five basic categories of public
bodies; identification of "Quorum" meaning the majority of members; and "Agenda" which must
be posted 24 hours prior to public meeting and include the day, time and location of meeting,
Multiple meetings may be posted on a single Agenda providing each meeting is held. Non­agenda
items will not be discussed but may be included in future agendas for consideration.
A meeting may be called to discuss "emergency items" which must be posted within 24 hours
stating that an emergency session has been held.
Minutes of public meeting must be prepared and made available 3 days after the meeting with the
exception of Executive Sessions. No minutes are required when an Executive Session is held
since this type of meeting does not require that it be open to the public. There are seven
instances in which board members may go into executive session.
If a ratification is to take place, the public notice, agenda and written description must be made
available at least 72 hours before the meeting.
Violation of the Open Meeting Law may incur penalties, removal, civil penalties, attorney's fees
. and court fees.
ADEQIWPD Director asked. for clarification of "Quorum". The response was that Quorum does
not imply a set number of members but the majority of members of a body.
UST Poli<;:y Commission Board Meeting
January 6, 1999
Pagel
ConfliGLof Interest: This.Iaw is contained in A.R.S. §38-50 1 et seq .. , stating the minimum
stand~id.s of<;onduct fQrpublic officers or employees and decisIons that may affect tnerhselves or
tlwir dpse relatives (spouse, child, parent, siblings, grandchildren, etc). This law requires that
,'persons make an effort to determine if there may be a potential conflict bfinterest andtaklng'
'.' ',steps to ,3.vpid it. The Attorney General's office was asked to provide an opinion on member
conflict of interest on an issue by issue basis.": i
. Tbere are 3 elements to determine whether a conflict has occurred, which include: will decision
• affec;t positively or negativeIy an interest of the o1!lcer or relative; is the interest a pecuniary or
. proprietary interest or otherwords of economic value; and is the interest designated as a direct or
indirect interest?
If the majority of the board have conflict, the board can still act. The «Rule ofImpossibility"
waS described, as wen as, how to handle all conflicts and what action will occur if there has been
a violation of the conflict of interest law.
The board discussed briefly the necessity of taking Ethics Training w'" hich is a legislative
requirement for all members. This training may be held through ADOA in a 4 hour class or an
all day training provided by the Office for Excellence in Government, with emphasis on ethics
training in the afternoon. Special training may also be set up expressly for board members.
Mark Osborn will follow up on training schedule and apprise board members of dates and times.
A schedule for ethics training will be attached to copy of meeting minutes. Ethics training does
not have to be completed prior to the next Cominission meeting, when polled, four members
indicated they have not had ethics training.
• Mission and Role ofUST Policy Commission:
The policy commission members will work together as a team to deal with UST issues associated
with the prognnn. Efforts to address SAF issues are underway in regards to funding issues and
the phase-out of funding.
Mark Osborn provided a summary in a handout outlining the series of general duties and the
requirement for submi~on of an annual report to legislature. Commission needs to defme when
report will go to legislature. There are 6 primary issues that need to be addressed in the report.
There was discussion between Commission and Mark Osborn regarding the starting date of
review authority of this group in respect to the rules and policies and the statutes governing L1em.
~. The Commission may look at (guidance documents, etc.) On the Internet, however no rules
packages have been finalized.
UST Policy Commission Board Meeting
January 6, 1999
Page 3
,ADEQ should prepare a presentation for the next meeting to include substantive policies, IUles
and changes that have taken place since SB 1376 went into ef~eGt. '
,,' . ~ ;'" Agenda Item to include "Rules Proposed" as a regqlar featllr~ of the agenda. , .
< Repres..entatives from the AG's office and ADEQ to give guidance for providing Jegal basis for
drscllssion. There are cUTTently numberous guidance documents; therefore, can these documents
be combined into one (1) to be looked at as a whole.
• Elect Chairperson and Vice-Chair':
Jean Calhoun of ADEQ nominated Myron Smith ofTosco for Chairperson. That nomination
was seconded by Hal Gill and accepted by Mr. Smith. All commission members vQtedin favor
of that nomination, and Myron Smith was elected as Chairperson. Ms. Calhoun nominated Mike
O'Hara for vice-chair; that nomination was seconded by Elijah Cardon and a:ccepted by Mr.
O'Hara. All Commission members voted in favor of that nomination, and Mike O'Hara was
elected as Vice-Chair. '
Commission proceeded with basic protocol according to Open Meeting Law.
• Policy Commission administrative issues and protocol:
• Agenda Item - General Rules to be proposed. Board members to take vote at next
meeting.
Commission members discussed issues of administrative duties. Who will prepare and post
Agenda and take minutes for meeting? Mark Osborn stated that his Secretary, Elizabeth Bernal
would act in this capacity. Ms. Bernal was introduced to the Commission.
Other issues of interest: How often does the Commission want to meet? Many issues need
discussion and meeting in 2 weeks is necessary to address these issues. The Commission
meetings will be held qn a monthly basis afterwards. Mark Osborn will secure a meeting room
and apprise the Comm~ssion of the location.
• Discussion regarding U~T issues, policy, rule packages, and statutes, including items
a-f in the agenda.
Commission would like consensus to present SAF issues for potential legislation. The one (1)
cent fuel tax is also a critical issue for discussion at next meeting in two (2) weeks. Need to
identify the most pressing issues for legislative timeframe.
UST Policy Commission Board Me::ting
January 6, 1999
?age4
Commission concurred that the follo\\ring issues need to be addressed first since these items may
need legislative action.
','
Let the record show that Commission Member Mike Denby took leave at 11:37 3.m.
Agenda Item for next meeting , .. Discussioir on' QIibrum
Specific bill, on issues ne<>...ds to happen ne:rt week (get file open). The e~lier it gets in t.~e higher
the probability of success. Mark Osborn will get the drop-dead date to submit issues.
.. a Call to Public:
John Pearce asked if ADEQ has list of UST Policy or Guidelines implemented by SB 1376. UST
and SAP management staff will provide substantial information for next:m'eeting.
Board members are appointed by Governor, therefore no person shall be designated to act in the
absence of board members for the purpose of decislon making. counted as quorum or be counted
as a voting member. Ms. Calhoun however, designated Phil McNee1y,.,Manager of the UST
Corrective Action Section to act on her behalf in her absence.
• Discuss next agenda and meeting date:
• Agenda item for next meeting - CAP Guidance and voting on Commission roles of order.
Agenda item for next meeting - ADEQ presentation on regulatory accounting shortfall.
Next meeting Will be conducted on Wednesday, January20, 1999 at 1:00 P.M. Location to be
determined.
Meeting adjourned at 11:55 A..lvL
Prepa,r ed By:
,
Darlene DekI~ UST Administrative Assistant
Approved By:
'---:-- . >-OC\ ... ,,-,-, L \. '.:
\.
Myron Smith, Chairperson
/
i
I
\
'" .. _---'
/' i
/ d
I (""'
i •
I .......,-­C\.\
:.: .. l __
if l )·-/co I , ~l
I TOTAL P.06
UST Policy Commission Meeting
January 20,1999, t:OO pm:-5:00 pm
Location: Fennemore Craig, 3033 N. Central Avenue, Phoenix
26th Floor Conference Room E 1lE2
, AGENDA ITEMS
1 " Opening Comments .. ~.:
2. Approval of Minutes of previous meeting
3. Administrative Issues and Protocol
a. ~Tt1eeting Place
b. Quorum and Voting
c. Other Procedures
4. Establish Mission Priorities
5. Presentation by ADEQ on Regulatory Account Shortfall; Discussion
6, Discussion of ADEQ handout on rules and policies underway or promulgated since
Policy Commission was created including: " "
a. Distribution of ADEQ's Draft CAP Guidance Document
7. Preliminary Discussions regarding UST issues, policy, rule packages and
statutes for future ADEQ presentations and discussion by Commission,
including:
a. State Assurance Fund Rule Package
b. Corrective Action/Risk-based Rul~ Package
C. Time frames Rule Package
d. Increase to one-cent per gallon tax on fuel
e. SAF review procedures
f. Other rules, poliCies, issues
8. Call to the Public
9. Discuss next agenda and meeting place
10. Adjourn
ARB" 49-1092 established the Underground Storage Tank Policy Commission to review and provide recommendations
to improve the Underground Storage Tank Program. If you have any questions regarding this meeting, please feel free
to give ElizabethBema1 a call at 207-2205.
Persons with a disabililJ may request a reasonable accommodation such as a sign language interpreter. by contacting
Darlene Dekle at 201-4324. Requests should be made as early as possIble to allow time to arrange the accommodation.,
MI~uTES OF THE JA. N. lJARY 20, 1999 MEETING OF
. THE UST POLICY COMJ\lISSION
BOARD MEMBERS IN A TTENDA.l~CE:
Roger Beal
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Michael 0 'Hara
Matthew Ortega
BOARD MEMBERS ABSENT:
Edward Truman
Commission Person-Environmental
AGENDA ITEM 1 - OPENING COMM~S
Chairperson Myron W. Smith commenced the meeting and thanked Fennemore Craig for allowing
the Board to be here today, and hopefully, the Board will find a pennanent home somewhere where
the Board can meet on a regplar basis. Myron Smith introduced and welcomed Elizabeth Bernal,
who will be taking minutes for the Board from henceforth.
AGENDA ITEM II - APPROVAL OF MINUTES OF PREVIOUS MEETING
Myron sinith asked Marc Osborn whose responsibility it is to expedite and send out the Minutes in
a timely fashion. It was agreed upon that Myron Smith would be responsible for the above­mentioned.
Jean Calhoun mentioned that Marc Osborn's name had been misspelled. Jean also asked for
clarification of a "Quorum," and stated that it is generally the majority. Myron Smith stated that
under Item No. 3b; Quorum and Voting would be discussed at that point in time.
Elijah Cardon commented that he wished finther discussions relative to "Conflicts of Interest" and
"Rule and Impossibility." Discussion took place and Myron Smith informed the Board that he
would incorporate the changes to correct the Minutes of the last meeting. Matthew Ortega motioned
to adopt the "Minutes" from January 6, 1999, and bearing no oppositio~ the "Minutes" were
adopted. "
AGENDA ITEM ill - ADMlNISTRATIVE ISSUES AND PROTOCOL
•
•
•
•
•
•
a. Meeting Place
;Myron Smith asked Marc Osborn if we currently have a meeting place .. Marc Osborn n~plied
;:< .t!iat ~e ~ ~>iH plan well in advance for a precise meeting place. Marc Osborn noted that AD EQ
.. , ;?~,ec;l$,a definite tirne frame, so that the meeting place could be booked well in advance ..
M)'ron.~mith commented that relative to "frequency," he would like ,~ohave .ct" UST Policy
Commission Meeting, " to be held the second Thursday of every month, a:nd to meet on a
• c ; monthly basis for the remainder of 1999. The staIldard h.o~ ~lleIyvays be from 9::00 A.M ..
"". l~ .. noon.. Myron Smith informed the Board that the ne:>,.!: HUST Policy Commission
Meeting, "will be held on Thursday, February 11, 1999.
b. Ouorum and Varina . ~
Elijal; Cardon suggested 7 Board members to constitute a QuorumJor Board action. Myron
~ eth.rlh ...l 1:"1"· L r'" -' , f\ _r'-r _ ..l··.L1£.~ UTT_-,-· - 'If" :. _" r ... ' .-
,-,Ir.J ...... aUUereU to Lllj<lii ,--arGon s ~uorum OI i aIlO me young .fvlGjor.ry 01 Lile ~uorum.
Matthew Ortega motioned to adopt the Quorum and Voting criteria and Michael O'Hara
seconded.
c. Other Procedures
. Myron Smith wanted to discuss the Budget, DOA's Rules relative to whatever the State
allows for the mileage reimbursement for the Co~sion members, Parking
Reimbursement, who has Signing Authority for the monies that the legislature has given
ADEQ, and also a discussion of the handout that everyone was given relative to Rules that
Myron Smith put together; since at the last meeting, it was not adopted.
Myron Smith asked Marc Osborn if he would talk about the "Budget Signing Authority, "
and reimbursement for parking and for mileage. Marc commented that what ADEQ couJd
do, is initiate the processing and fill out the State forms for reimbursement.
Myron Smith wanted to discuss the 1 page handout relative to the "Commission Rules. "
Myron Smith wants a guidance by which a maximwn of 5 minutes per speaker unless the
Chairperson elects to extend the time. Myron Smith commented that number B 11 states that
the Director or Directors designate. Myron Sinith felt comfortable with that definition and
fully intends the document to be a "living document" and will be added as #12.
Michael Denby suggested to Myron Smith the legend should read as such: "Words to be
Acknowledged by Chairperson for Public Comment." Myron Smith indicated that he will
add the above':mentioned legend to #1, essentially stating ill order to be acknowledged to
speak, the speaker must fill out a "Speaker Form. " Michael O'Hara motioned to adopt the
"A,rizona UST Policy Commission Rules, "as amended, and Harold Gill seconded and
bearing no opposition, the "Arizona UST folicy Commission Rules, " are in effect
AGENDA ITEM IV - ESTABLISH MISSION PRIORITIES
• ~chael Denby questioned about the making of the "Agenda" and when it will be finalized.
. - .• ~ ,.~ ...
Michael Denby questioned that if there was a v\'a~ that the "Agenda" could be put together
before we finish the meetings~ or a v,a), that we can communicate outside, we could
detennine what "Agenda" items are no! necessary since the "Agenda" must be posted 24
r' .. ,' . ~; honrsprior to public meeting and include the day, time and loc.atiorl' of the meeting.,
. Members of the Board preferred reviewing the upcoming '~Agendi:f'beforehand"
• Myron Smith suggested the following:
Draftthe "Agenda" 2 weeks after the meeting, allow 3 days toteview the "Agenda, ,.
then feedback any comments or changes. Myron Smith restated the motion that the·
"Agenda" comes out no later than 2 weeks after the close Of the 'meeting in dritft to
the members of the Commission., The members of the Cornmi~sion 'Nill have .3 days
. to review the "Agenda" and return any comments or changes requested to the
Chairperson, and on the 4th day, it will be final. Motion to ~et the "Agenda,"
bearing no opposition, the "Agenda "was ad?pted.
• Elijah Cardon wanted to address with respect to "Conflicts oj Interest": Because the
Governor appointed the individual Commission members, it is assumed that service on the
Commission, by any of the members, is not a conflict of interest. If the Attorney Qeneral' s
Office has any feeling to the contrary, it should be made known immediately.
• Myron Smith asked Marc Osborn if there was a training cI~s" open meetings, somebody
who was gomg to look into some dates or go as either individUals or groups. Marc said that
he would get back to Myron Smith as soon as possible. Myron wanted Marc to fax any
relative information directly to all the members of the Commission, So that they put it on
their schedule.
• Myron Smith requested that someone from The Office of The Attorney General attend the
(lUST Policy Commission's Meeting" to be held on Thursday, February 11, 1999, and give
an in-depth presentation on the "Conflicts of I nter est Rules and Possibilities. "
• Myron Smith stated that "Conflicts of Interest, " will definitely be on the next "Agen¢a"
item at the next meet41g to be held on Thursday, February 11, 1999, and clarification will
be the primarv concern.
• Myron Smith announced that Mr. Clark just walked into the meeting at hand and Myron
stated that he had a few questions for Mr. Clark.
• What is DOA's forms policy for mileage reimbursement for Commission members,
parking reimbursement fees, etc. Mr. C1ark informed Chairperson, Myron Smith,
that he will have to go to the "Advisory Board" for feedback, but generally, the
"Advisory Board" members are authorized mileage, parlcing fees, etc. M..r. Clark
stated that he was going to initiate some research and get a packet together and have
it available at the next "UST Policy Commission Meeting" to be held on Thursday,
February 11, 1999.
•
•
•
•
•
•
•
•
•
Myron Smith stated that the above-mentioned subject maner \'\'ill be incorporated onto the
next "Agenda. "
AGENDA ITEM V - PRESENTATION BY ~4..DEQ ON REGULATORY
ACCOUNT SHORTFALL; DISCUSSION
Ian Bingham presented a briefHpdate on "RegulatoryA.ccount Shortfall," and handed
out a packet of inforrnatioD. relative to the topic of discussion.
Ian Bingham stated that he had a series of topics to discuss relative to the "Regulatory
ACCOW1t, " which is in need of some assistance in fmding additional funds, so that
program may continue.
Ian Bingham stated that the first item in the packet breaks out what the funding
system is currently going through fiscal year ending, Jun~, 2003.
Essentially, what it shows, is the shortfall that the "Regulatory Fund" is going to be
having over the next 5 years, which averages approximat~ly $450,000.00 each year
as the "Annual Projected Shortfall." There is approximately $7 million in the grant
at this moment. As of this date, (1120199,) there is $3 mp1ion - $4 million, which has
not yet been encumbered because ADEQ is waiting for the deadline; then the issue
becomes in some cases; do you move the tanks or upgrade the tanks? For purposes
of budgeting, ADEQ always uses the higher figure, which is replacement, and yet,
the upgrade may be much less, and then a site assessment will determine at that point
which is cheeper.
Myron Smith was apprised that out of the $7 million, it is likely that most of those
monies will go out in grants and our effort is that ADEQ will be going to get as much
out in grants as possible.
Ian Bingham commented that in terms of ADEQ's closures and installations, it's our
Compliance Staffwho's heading up the project.
Ian Bingham stated that currently ADEQ has only 5 inspectors, who are responsible
for 3,000 facilities at this time.
Elijah Cardon commented that when the Rules that the Commission approved earlier
referencing the 5 minutes per speaker; was it intended to applicable to invited guests?
MyTOn Smith stated the 5 minutes was applicable for the invited speakers, but that the
discussion could go on at the discretion of the Commission.
Elijah Cardon asked Ian Bingham how many facilities were involved; Ian replied back
to Elijah,.that he was talking about sites. Ian Bingham informed Elijah Cardon that
ADEO currentJv 1<:: Inr.1rinlT <>t <>1"\T"\T"nv;,....",t .. h, ~ ')/1/1 +'";,.~;t:h~~ Tn_ nl~~ n+_"_..l ... 1-_,- - ,
•
•
•
•
of the 3,200 facilities, we should be having an annual inspection ..
Jean Calhoun wanted to clarify thesubjec1 matter dealing with inspections; that is,
currently ADEQ can't do ann~al inspections for 3200 facilities.. ADEQ's average '.
'Inspection is between two ~d o~e-halfyears 10 3 years.
Theresa F oster commented that "Inspections Are Good. H The~'esa is concerneg that
.1D~Q .is maintaining a program until "Etemity~' on a problem that has ~een partjally
fi:x¢d in the sense that as 6vmefs and operators, "we" are more concerned about
release detection then we ~e aware of. Theresa Foster preceded to co;rnm~nt !pat she
. dicin;t know if maintain.ing the'same level of inspections would be cost beneficial to
the program. Theresa also coIririiented that she strongly believed that ADEQ should
continue the program at the same level of frequency as ADEQ has done in the past.
Theresa felt the problem is behind us.
Ian Bingham commented that if inspections didn't occur, then reIeases will continue
and will increase as time goes on. Ian also commented that if ADEQ is to provide
adequate protection from undergroun.d storage tanks, we have to have something out
there to maintain this situation.
Ian Bingham provided Myron Smith with the following .• information relative to the
current amount of staff that reports to him:
+ 5 Inspectors
+ 4 Compliance Officers
+ 1 Team Leader
+ 3 Administrative Staff
Myron Smith commented that the "Regulatory Account Shortfall, " is a top priority
item of the Agency and will soon run out of funding. Myron Smith then excused Ian
Bingham.
The UST Policy Commission took a 10 minute break at 2:45 p.m.
AGENDA ITEM VI: DISCUSSION OF ADEQ
HANDOUT ON RULES AND POLICIES UNDERWAY
OR PROMULGATED SINCE POLICY COMMISSION
WAS CREATED, INCLUDING:
a. Distribution of ADEQ's Draft CAP Guidance Document
• Phil McNeely presented an update on ADEQ's "Rules and Policies. "
In May, 1998, Jean Calhoun reorganized the "UST Program." She split the Program
up be~een tge "UST and Program Support Section,'" Ron Kern runs that, and Phlr'· '
runs the H UST C-Orrecti1Je J4ctio11 Secrio11o " - o· • L - i
• ADEQ has gone through all the ground water sites ..
•
•
•
•
•
•
•
•
•
Customer Assistance:.
PhilMcNeely reported that in August, we worked with the Governor's Office, creaied_ .:
a custQrne,rsiirvey, and sent out the survey to approximately 2 thousand owners and'
operators; consultants, labs and cohtractors. Currently we have the USTRdease .... ,,; .. "
Reporting the Corrective Action Rules.
We have the "State Assurance Fund Rules. "
Currently, we are working with the "State Assurance Fund Rules, " siI!ce we have a
few revisions.
As of this date, (1120/99,) the first draft of 'The Correction Action Rules" have been
completed and are in the preliminary stages and should, be out some time by mid
March.
Myron Smith asked Phil McNeely what is his target date for the "Cap Guidance. "
Phil McNeely replied that ADEQ has had it on the Webb for over a month now, and
should be out by early March.
There. was a question from the audience referencing if someone wants to present a
final document or in draft forniat, how does the process work in having the
Commission looking over the material and determining if the documentation can be
put onto the Agenda.
Myron Smith asked for the Agency's support to send the documents to the
Commission members directly. Myron Srrrith also commented in regards to feeding
back to the person subrrritting an Agenda item., Myron felt that the new sub­committees
will be formed, and feedback and response will be initiated from that
responsible sub-committee.
Ad~itionally, Myron Smith wants the sub-committees and the Chairperson of those
sub-committees, to perform for our Stakeholder groups and to interact with each
individual "Rule Package or Guidance" document, and set down with ADEQ and
come up with changes, additions and modifications that will come back to this
Commission, and the Commission's comments as individual members will also be
inclusive.
• .E: •a• c:h sub,- committee will come to us.J submit their commen'ts an.d chang_ es to a•
.particular document we recommend.. and that \vould come to us di:J.YS or weeks before.
r ',. the neAt meeting that is on the Agenda and we have time to revieWii,ai~bus.s It, v~t~ " . ~ bn it, and make~ our recommend;tions to lillEQ..··· . '. ...... ..' .
. . - . . -
. ... :Myron Smith commented thal the sub-committees will send out the "Notices"
,: ..... ,
;and the Commission members in turn will know about the upcorniJ:1:g rne,e,tiIfg~ Since
ther~ were nd other comments, Myron Smith went onto th~n~i.iAgehaait~tn.
; ,AGEl\'DA ITEM VII - PRELIMINARY DISCUSSIONS REGARDING
,.;·""i '(. {JST ISSUES, POLICY, RULE PACKA.GES AND STATUrEs";' ,
, '. , FOR FUTURE ADEQ PRESENTATION~ Al\r:D DISCUSSION
BY THE COMMISSION li~CLDV1.NG:
a. State Assurance Fund Rule Package
b. Corrective ActionlRisk-based RuIe Package
c. Time frames Rule Package
"/
d. Increase to one-cent per gallon tax on fuel
e. SAF review procedures
f. Other rules, policies, issues
• Myron Smith commented that he would like to. appoint a couple of sub-committees
as he alluded to before; partly financial and the other half technical, and get these
committees rolling on the road. What i wouId like to do is appoint Mike a 'Hara, who
has a broad financial background for the financial side of the guidance and packages
and Rules for the State Assurance Rules, which is number a, e, and' f.
• Myron Smith then appointed Hal Gill for his technical knowledge for items b, c and
f.
• Myron Smith then asked if anyone had any comments or thoughts?
e Myron Smith commented that the duty of the Chairman is to select their members and
he hoped that the sub-committees would talk to each other.
• Myron Smith conveyed that he felt strongly that to add to the establishment of the
sub-committees, he thought it should be required by this Commission that there is
ADEQ's representation, and The Office fThe Attorney General's representation,
where appropriate. .
• Myron Smith commented that the Commission needs to further discuss this topic and
he would have an "Agenda" item pertaining the above.
•
•
•
•
Myron ~mith commented th'l.t if there is no objectiQn, 'Why don't we table the
formation of the sub-committees, tackle the issues under Item #7 on the Agenda until
the ne>.i "UST Policy Commission Meeting, "to be heIdon Thursday, February 11,
1999.
Myron Smith also suggested that why doesn.'t the Commission review these 2
packages t.~at are already out there and do need to" come out within the next thirty or
STh.iy days, ask 2 of the Commission members to look into them a little more in-dept.1.,
and the Commission can bring their comments, ~ome to a consensus on the "Rule
Packages" and "Guidance Packages," can go forward, and we can continue to have
a discussion on future sub-committees and other packages.
Myron Smith commented that ADEQ should have everyone's ,comments, so they have
a presentation to do before the meeting.
Myron Smith asked designated Commission members to submit their' comments to
ADEQ within 2 weeks, as the Commission is going to do with the Agenda, and that
will give Phil McNeely a 1 week time frame.
AGENDA ITEM VITI - CALL TO THE PUBLIC
• Myron Smith asked for a SAF list.
•
•
AGENDA ITEM IX - DISCUSS NEXT AGENDA AND MEETING PLACE
Myron Smith apprised everyone that he has several Agenda items that he will type up
ill less than 2 ~eeks. If the Commission gives Myron any other Agenda items that
members would like to see on the Agenda, the Commission wiII definitely draft out
a draft and then finalize.
The next USTPolicy Commission Board MeetL.'lg vrJI be held on Thursday, February
11, 1999, from 9:00 AM unti112 noon; place to be determined at this point in time.
Meeting adjourned at 4.:30 p~m.
Prepared by:
J/.~~.. ' {'~"..' ~&. _~'. ~-.'. )2~ / q= -.3 '/ /
. v .,'
Elizabeth Ann Bernal, Legislatiye Administrative Assistant
- Approved By:
Myron U' Chairperson
UST POLICY COl\fMISSION MEETING
FEBRUARY 11, 1999 9 am-12 NOON
LOCATION: ADEQ ROOM 1709, 3033 NORTH CENTRAL AVENUE
PHOEI'UX, AZ.
I. Opening Comments
2: Approval of Minutes of previous meeting
3" Administrative Issues
a) New ADEQ legislative liaison, John Atkin$ "
b) PrOcess to re-appomt commission member/term limits
c) Reimbursement and expense form for expenses by commission members
d) Az. UST Policy Commission Rilles
e) Correction in Az Administrative Register
f) 49-1092, D-3 " .... at ieast 30 days to review and make '>vritten
recommendations
g) Environmental representative
4. AG discussion on conflicts of interest, rille of impossibilities
a) Ethics and conflicts of interest training classes, and other issues
5. Sub-Committee
a)
b)
Selection of Chairpersons
Sub-Committee charge/direction
6. BREAK - 15 minutes
7. ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham
8: ADEQ Policy/Guidance Packages
a) CAP
b) Time frames and Licenses
c) SAF
d) RBCA
e) Pre-approval Process
9: Open Topics
a} Legislative issues
10: Call to the Public
11: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
>,/
Persons with a disability may request a reasonable accommodation such as a sign language
. interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made as early as
possible to allow time to arrange the accommodation.
UST POLICY COMMISSION MEETING MINUTES
FEBRUARY 11, 1999
BOARD MEMBERS PRESENT:
Roger Beal
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Michael O'Hara
, BOARo MEMBERS ABSENT:
Matthew Ortega
• OPENING COMMENTS
The meeting was called to order at 9:13 a.m. Myron W. Smith welcomed committee members
and public to the UST Policy Commission Meeting.
• APPROVAL OF MINUTES OF PREVIOUS MEETING'
It was noted that Matthew Ortega's name was misspelled and correction was made. Specific
language was added on Page 3, Bullet 2 regarding "Conflicts ofInterest". Motion was then made
by Myron Smith for approval of the January 20, 1999 meeting minutes and seconded by Jean
Calhoun with no opposition from commission members.
• ADMINISTRATIVE ISSUES
a) New ADEQ Legislative Liaison, John Atkins - John Atkins, ADEQ Legislative
Liaison was introduced. Mr. Atkins comes to us from Wyoming where he spent
20 years as a lobbyist in the mining industry. He has worked both with Federal
and State agencies and expressed his pleasure in being asked to serve as
Legislative Liaison with ADEQ.
b) Process to re-appoint commission member/term limits - several members will be
coming up soon for re-appointment. Need to determine appropriate process and
follow':up with letter to governor's office so the process of re-appointment or
appointment may be made. Myron Smith will initiate this process with assistance
from AI Johnson, UST Ombudsman. The letter to governor will be joint letter by
chairperson and ADEQ Director.
Ed Truman requested an updated list of commission members with phone and fax
numbers. AI Johnson has an updated list and will follow-up.
c) Reimbursement and expense form for expenses by commission members - Parking
and mileage will be naid to r.ommic::c::ion memhe~ :It c::t::ltp- ::lnnrnvp-ti r::Itp~ 1I.Jf;1r ..
Clark infonned members that the mileage allowance \\'ill be reduced from 32,5 cents
to 31 cents .. Uncertain when the new rates are effective, but believes it may be
March 1st.
. d) , AZ UST Policy Commission Rules - Commission members received a copy of the
Arizona UST Policy Commission Rules. These 12 Rules were briefly reviewed and
no discussion v.:as pursued .. Elijah Cardon thanked the Chairperson for ·'keeping it
simple".
e) Correction in AZ Administrative Register - Copies of this Register were handed out
to commission members. COITections are needed on the Register and Al Johnson
will make corrections and provide members with a corrected handout.
f) 49··1092, D-3. ..... at least 30 days to review and make written recommendations - There
appears to be a difference of opinion as to the n1eani~g of "at least 30 days~·'. It
appears uncertain as to whether this applies to a minimum of 30 days or a maximum
or 30 days. Myron Smith and ADEQ's Division Director Jean Calhoun agreed that
the term "at least" would apply to a minimum period of30 days with discretion to
e}.1:end the time frame if warranted.
g) Environmental representative - It is believed that the process is near completion
regarding the selection of an UST Environmental representative. Al Johnson will
follow-up with Governor's office to see how far this pr6cess has gone.
• AG discussion on conflicts of interest, rule of impossibilities
a) Myron Smith directed questions to Tamara Huddleston regarding "Conflict of
Interest" issues. Ms. Huddleston stated that this issue is compared to a '"balancing
act" in that, if an issue presented to the board called for making a decision, and that
decision had a direct bearing on a member of the commission or a member of his
family, then it would present a conflict of interest. Refer to explanation of conflict of
interest in the minutes of the January 6th meeting.
SUIllIDaIy (provided in WQARF Board Minutes) contents may help to clarify what
would constitute "Conflicts of Interest". This topic will be tabled for the next
meeting titled "Summary of Conflicts ofInterest".
Since the. legislature specifically chose the members of the UST Policy Commission,
it is understood that those one could make informed input and who have a
meaningful understanding ofUST process to make recommendations. Discussions
should be kept on general terms since it could affect members in the conflict of
interest issue.
In the event a conflict should arise, it must be disclosed to the committee before a
vote can take place.
Myron distributed copies of SB 1381, drawing attention to pg 7 which contains
language that might alleviate the conflict of interest that the board is facing.
Theresa F oster commented that the majority of SAF applications should present no
conflict.. It was recommended that the commission fonnally ask AG to look into this
issue for formal opinion .. Myron Smith \vill write a Jetter requesting guidance on this
Issue.
Training classes are being developed through ADOA. Al Johnson will contact
individual members regarding needed training ..
• Sub-Committees
a) Selection of chairpersons - As discussed at previous meeting, the commission needs
to see all comments for package or rules that are coming out. Myron Smith
apologized for faxing the one page document at such a late date.;
My-ron Smit. h asks everY.on"e to .con.tin.ue "comm - ents and make cham~.....e .s which--- wi-l-l- i--n-tum
be incorporated in next meeting.
Items #1,2 & 3 were commented on. Chairperson will verify "30 days" in item # 1.
Item #2; need to add another topic and Item #3 it was mentioned that suh-committee
meetings should be more flexible; meet at discretion of chairperson.
Any additional comments should be made and faxed to My~:on Smith who will place
on Agenda for adoption by committee members for next meeting.
A motion was made by Ed Truman to select chairpersons for the sub-committees and
was seconded by Elijah Cardon.
A motion was made by Ed Truman to elect Mike O'Hara to chair the financial sub­committee
and Harold Gill to chair the technical sub-committee. The motion was
seconded by ElUah Cardon with no opposition. The chairs of the sub-committees
may include others on the commission as well as the public, however those not on
the commission will not have voting authority.
b) Sub-Committee charge/direction - Regarding #5: recommend changes (Fax) to
Myron by February 18.
A suggestion was made that UST Corrective Action Manager, Phil McNeely
participate on the technical sub-committee and Patricia Nowack, Manager SAF
provide mput into the financial sub-committee.
Sub-chairs may assign members. Commission members should make known to the
chairs of their interest in working on sub-committee. Because of many issues, the
financial sub-committee should meet once per week.
The purpose of the sub-committees are to get consensus to be presented at
commission meeting.
BREAK at 10:50 a.m. and reconvened at 11: 18 a.m.
ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham - Ian Bingham provided handout which
outlined the Issue and the Impact of Program Reduction.
Services reduced or eliminated due to lack of funding. There have been no increase
over the past 8 year in tank fees. Due to rising costs, additional funding for
increasing needs bfprogram, Need to address some other form of funding. A
gradual increase of tank: fees with no additional funding will carry the program.
Elijah Cardon made a motion to send this issue to stib-tommittee ror immediate
discussion, and Michael O'Hara seconded the motion. Once discussed at sub­committee
it will go to cOrnnlission for vote and forwarded to, legislation.
Theresa Foster commented that the ohes who have and benefit from the program
should pay for it.
Elijah Cardon commented that they do have a review of program and that regulated
community should provide input. Motion made by Elijah Cardon to assign to sub­committee
and report back as soon as practicab1e on this issue. Michael O'Hara
seconded the motion. None opposed. Will report on issue at ne)"i meeting.
It was recommended by Ed Truman that voting issues be placed on next Agenda
Voting issues should appear for the benefit of the public.
• ADEQ Policy/Guidance Packages
a) CAP - Has been on web for approximately 2 months with few comments. Discuss
this issue at technical sub-committee and bring recommendation to commission
meeting for vote.
b) Time frames and licenses - Air pennits portion is zpissing
c)' SAP - Financial sub-committee will discuss SAF issues
d) RBCA - still in process of being worked and will be further discussed in technical
sub-committee
e) Pre-approval Process - existing policy; to be discussed at technical sub";committee.
Jean Calhoun commented on the SBI381. There are 4 bills that impact the UST program
(see handout-SB 1381) Some of the issues are: cost of running program; denial of claims and
streamlining process. Diagrams (see handout) to provide background and commission
members encouraged to read bill because of its impact to the UST program. This bill will be
heard at the legislature on Monday, F ebrmiry 15, 1999.
Call to Public
Comm~nts from Deborah Margraf representing the AZ Automotive Trade Organization
made several statements as follows:
1.
..,
.J.
4 ..
5 ..
6..
7.
Ne)"1 meetmg - would like to hear discussion of topics ofletter sent to Myron.
Place on IJ,ext agenda
There were approximateJy 4 or 5 visitors from the regulated community attending the
commission meeting. 'Concerned about the proper notification of meetings.
How can the public get hold of the meeting minutes?
Comment: (Minutes' to be posted on web)
Recommendation on Environmental person.
Comment: (Name has beeD: submitted to Governor"s office)
Letter to Governor's office regarding vacancies.
Voting on topic - need public testimony before vote should occur.
Regulated CommunitY- How will they know when sub-committees will be meeting.
Community needs to know.
Comments from Scott Burge
1. Vote - Need comments from public before voting occurs.
D Nex1 meeting agenda, date, location; and time - Next meeting will be held on March 18 at
8:30 a.m.
• Aqjourn - Meeting adjourned at 12:19 p.m.
Prepared by:
Darlene Dekle, UST & Program Support Administrative Assistant
Approved by:
Myron Smith, Chairperson
'.,: ;;.', .
1. Next meeting - would like to hear discussion oftopics ofletter sent to Myron.
Place on ne}..1 agenda.
2. There were approximately 4 or 5 visitors from the regulated community attending
the commission meeting. Concerned about the proper notification of meetings.
3. How can the public get hold of the meeting minUtes?
Comment: (Minutes to b~ posted on web)
4. Recommendation on Environmental person.
Comment: (Name has been submitted to Governor's office)
5. Letter to Governor's office regarding v9.cancies.
6. Voting on topic - need public testimony before vote should occur.
7~ . Regulated Community - How will they know when sub-commhtees will be
meeting. Community needs to know.
Comments from Scott Burge
1. Vote -Need cominents from public before v,oting occurs.
• Next meeting agenda, date, location, Wid time - Next meeting will be held on March 18 at
8:30 a.m.
• Adjourn - Me...-ting adjourned at 12:19 p.m.
Prepared by:
Approved By;
-;,,-,'>
•
US! POllCY CQMMISSION. MEETING
FEBRU_-ill.Yll. i999 9 am~12 NOON .
LQCATION: .WEQROOM 1709, 3033 NORTH CENTRAL A VENUE
PHOENIX, AL.
J. Opening Comments
2: Approval of Minutes of previous meeting·
3: Administrative Issues
a)
b)
c)
d)
e)
f)
g)
New ADEQ legislative liaison, John Atkins
Process to re-appoint commission member/term lim its
Reimbursement and expense fonn for expenses by commission members
Az. UST Policy Commission Rules 0
Correction in Az Admin.i strative Re-gister
49-1092, D-3 .... at least 30 days to review and make written
recommendations
Environmental representative
4.. .:-\G discussion on conflicts of interest, rule of impossibilities
).
6.
a) "Ethics and conflicts of interest training c1ass.:s, and other issues
Sub-Committee
a)
b)
Selection of Chairpersons
Sub-Committee charge/direction
BREAK - J 5 minutes
/. ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham
f 8: .:l.DEQ Policy/Guidance Packages
a) CAP
b) Time frames and Licenses
c) SAF
d) RBCA
e) Pre-approval Process
9: Open Topics
a) Legislative issues
10: Call to the Pub-lic
II: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
Persons 'with a disability may request a reasonable accommodation such as a sign language
interpreter, by contracting Darlene Dekle at 207-4324. Requests should be made as early as
possilil e to allow time to arrange the accommodation.
UST POLICY COl\fMISSION MEETING
MARcH 18, 1999 1 :00 pm-4:30 pm
LOCATION: ADEQ ROOM 1710
·3033 NORTH CEN'i'JlAL A VENUE
PHOENIX, AZ.
1" OPening Comments
2.: Approval of Minutes of pte via us meeting
3 .' Administrative Issues
4. Financial Subcommittee Report -RegulatOry Account Shortfall
a) Report, Recommendations and Discussions
b) Call to the' Public
c) Vote on Recommendations
5. Break: 15.Minutes
6: Technical Subcommittee - Corrective Action Plan Guidance Document
a) Report and Discussions
7: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) Pre-approval Process
8: Legislative issues
9: Open Topics
a) Debra Margrafi' Az. Auto Letter
10: Call to the Public
11: Ne:\.1: Meeting Agenda, Date, Location, and TIIDe
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign language
interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made as early as
possible to allow time to arrange the accommodation.
ComDJittee membe..":! present:
HUGill
MikeDcnby
MikcO'Hara
Jean Calhoun
EtlTruman
R.ogerBeal
Members absent,;
Myron Smith
T'hcresa Foster
EHjah Cardon
Matthew Ortega
UST Pnlli:y Cammjl!sion Meeting
MiIl~ ofMa:rcillS, 1999
.K3ren Halloway (Enviromne:ntaI Appointee)
R.eeorder. Darlene Dclde (UST Program)
• OPENING COMMENTS
:- .:.
The meeting was called to order at 9:00 a.m. MIl.:e O'Hara (vice clurir) welcomed all in attendance to the . '," .
UST Policy Commission rne;ting.
• APPROVAL OF MINUTES OF PREVIOUS MEETING
Draft Minutes ofprcvious meeting were distn1mted to mombeLS for :review" however were not approved
due to lack Qf quorum.
/10 ADMINISTRATIVE ISSUES
K~n Halloway bas been selected as the environmental representntive for the UST Policy
Commission.
,. Ethics training is available and will be conducted OD. April 23 from 1 :00-3:30 p.lIl- All membets
of1he Policy Commission are encomaged 10 attend.
~ The UST Policy Commission will hold meetings on the third Thursday of each month.
'" FINANCIAL SVBCOl\:lJ.WTI'EE REPORT-REGULATORY ACCOUNT SHORTFALL
a. Report, Remmrriendations and Discussions
Mike O'Hara provided overview of the two previous Financial Sub-rommittee meetings.
The activities from the InspectionS &: Complianc:: Ihritare important ar.d Deed to be main1ainerl..
OwnasaDd Opaarots face a tremendous financial burden for futuic releases as the State Assur.mce
Fund 'Will gI4dually he ~ out. Therefore. more importana: should be placed on 'preventi~ .
and early detection ofreleases.. T.ne UST~ aD.d compliance activities are an ~gra1 ~
UST Policy CommIssion MeciintT :;,
Mar-..h I&, 1999
Page 2
,..
of the pr.:ven.tative solution.
. Yl1P1ec ~Iiaru::e with Fedem! upgrade standards is impOrtant in preventing rcleases, a greater
emphaSis shoUld be placed on operation and maintenance., .
Sitf=s fIre~Y iP.spcctcd every 3-4 yeszs and 10 mainmin that I~ of frequency would not be
. pois11lied;eea.iiSe of the budget deficit '.' , ,
, :Re:ye!1!l'~ in tBn 1:- f.:.:s have declined due to tt1e reduced Dumber of t:anfs. w1ri1e the departmf:nt's
budg6thas in~ In 1990 there were approrimateIy 22,000 1mIks and in 1999. tllere are around
8300 tanks- Owners have removed smallertanks and repln~-d them with larger tm1ks (4-5 small
tanks have become 2-3 large taDl:s).
Need to inaease tank feo..s to majntain the level of program sUpport that cum:ntlyexists. It is the
opil:Uon of the Fmancial Sub-committee that an adequate levd. of ~ODS is sQmewhere
betWeen 1.000 (the current level) and 3,.500 (the level necessary to achieVe annual inspections).
... In ClI'Ckrto mend tOt: short-teml c.t:is.-"'S, !he UST Regulatory unit needs imrn .. .rl]at ... fuit~ Longer
. ,term solutions will be explored ova the ~ year. A long ienn s6llnion may inClude a
cOmbination or revenue incr.:ases andfor budget cuts. !an Binghmn was askerl to continue his
intemal review of potential program efficiencies and report to the Financial sulxommittee in
approximately two months. .
,.. Ian Bingham discussed several issues of concern and provided a handout (condensed versiOn). A
peonancrt: fix: is needed for the shortfull and to move the program. fOIWaId in becoming self
supporting. Inspection fees and Wlk ~ increases are necessary to keep the. program intact.
Extensive issues requiring Icing-term issues need to be explored in greater detaiL
b) Call to Public - no comments
c) Vote an recommendations
1)0 Mike O~aIa phoned Myron Smith for recommendation to meet the current shortfall. Ed
Tnmmnmade a moricn to maintain, attheCUIIellt~ fhndjng ofthereguJ.atoIy account
of the program through the:next:fiscal year FY'2000. Roger Be3l seconded the motion.
The 6 members present md Myron Smith (via phone) were in tavar. None opposed.
a) ., Report and Discussions: In bOth the :first and second technical sub-committee meetings the
Guidance Document 'W"'aS reviewed. The dic;clSnnerwas discussed in the fim meeting and
an It:maining portiOns (exception ofIastpage) were discussed in ~ meeting. The last
page of the document will be discussed at:next 1eclmica1 sub-committee meefulg scheduled .
for Apnl1. 1999. Recommendations to the· CAP Gtridance Document -will be presented
UST Policy Commission M~
Mar..h IS, 1999
Page 3
~qINICAL SIjB-COMMlTIEE CORRECTIVE AcrION PLAN GUIDANCE .DOC'tJ:MDlc"T
(c:6nt'd)
•
to the UST Policy Commission Meeting scheduldfur April IS 7 1999.'·
Briefmention ofYOting amhority. Undo:standing that ~ go~appOinted designee may
exercise voting authority aI UST Policy Commission Meeting. ,. .
ADEQ RULES, POUCY/GtJillp... ~. CE PACK..A,.GES
a) Time Frames aod Licenses: GRRC staff are not in favor of rule.. Tentative GRRC meecing
on April 6 (unlikely) Mike Denby has copy of letter from GRCc. Will send copy out to
members. Discussion between ADEQ and GRRC on hold. Definintion of licenses too
broad. .
.. ADEQ Rules. Policy/Guidam:e Packages (coItt'd)
b) SAP: Patricia Nowacl: has the 4th draft of the SAF Rule package. Should have package
by next US! Policy Commission ~g.
c) RBCA: should have information ready for next: UST Policy Commission meeting.
d) Pre-approval Process: containerl in the SAF rules
• LEGISLATIVE ISSUES\
, "
Regarding SB 1381 and HE 1196; seeks to reimburse funds borrowed from SAF; working on
langu.age to address issues of conecm. Bills to be heard in house ,next week.. .Should have
information on these bills 10 slmn:at the next UST Policy Commission meeting. Once bills are
~ m:ommendatians may beIIWie.
OPEN TOPICS
a) Debra MargraffAZ Auto Letter. Debra Margmf not present fur- di~on zegmding letter. This
agenda item. will be tabled for nc::d: meeting. Issues are currently being Degotiated.
John KemciylEnvironmental Teclmology: Evaluate policy andprocedmes for financial need;
e"!Iafuate entire liability (dmft role-in. senate bill bas been negotim:ed). IflegisIature does not pass;
look at in mIe.
Dan Kdley/Consuitant: Look at all sites to dc:te:mIinC::need of eligibility. Does liability of claim
get included in efiv1rility? Eligibility Deeds have been drafted for legislation Appears to be a
VBCUUIIl ofmlsunde:stmding. PatNowm:k offced clarlfica1ion of issue and provided a ~on of .
themIc.
UST Policy COID.I:I!ission Me::ting
Mmch 18. 1999
Page 4
*This subje:d will be plared on agenda for furthc:r discussion at fue ri.e:xI meeting as well as how
tD handle issues which are presc:nted to members at 1M meeting.
,. Documents should be provided fur public ~ ~g m~gs or make them available when
requested.
• NEXT :MEETIN'G
p. Next meeting is scheduled for April 15, 1999 from 1 :00-4:00, RIll. 1710
• ADJOURN - Meeting adjollII!ed at 10:4& un.
Prepared by:
.I QCuf,~~ ~(GC((q?
Darlene Dekle, UST & Progrrun Support Admin. Assistant
Mike O'H:an, Viee Chairperson for Myron S •
UST POLICY COMl\lISSION IvfEETING
MARCH 18, 1999 8:30 a.m. --NOON
LOCATION: PHOENIX CORPORATE CENTER, AUDITORIUM
3003 NORTH CENTRAL A VENUE
PHOENIX, ARIZONA
1. Opening Comments
2. Approval of Minutes of Previous Meeting
3. Administrative Issues
4. Financial Subcommittee Report-Regulatory Account Shortfall
a) Report, Recoinmendations and Discussions
b) Call to the Public
c) Vote on Recommendations
5. Break: 15 Minutes
6. Technical Subcommittee-Corrective Action Plan Guidance Document
a) Report and Discussions
7. ADEQ Rules, Policy/Guidance Packages
a) Time Frames and Licenses
b) SAF
c)RBCA
d.) Pre-approval Process
8. Legislative Issues
9. Open r opics
a) Debra Margraf7 AZ. Auto Letter
10. Call to the Public
11. Next Meeting Agenda, Date, Location, and Time
12. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign language
interpreter, by contacting Darlene Dekle at 207-4324. Request should be made as early as
possible to allow time to arrange the accommodation.
UST POLICY COM:MJSSION :MEETING
APRIL l~, 19991:30 pm-4:30 pm
LOCATION: ADEQROOM 1709
3033 NORTH CE1\TJ'RAL A VEl'I'1JE
PHOE1\1JX, AZ.
1. Opening Comments
2: Approval ofMimites of previous meeting
3: Administrative Issues
4: Technical Subcommittee - Corrective Action Plan Guidance Document
a) Report, Recommendations and Discussions
b) CaIl to the Public
c) Vote on Recommendations
5. Break: 15 Minutes
6. Financial Subcommittee
7: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) others
8: Legislative issues
9: Open TopIcs
a) SRL for MTBE protective of Groundwater
b) SW-846 Method 5035, viability and/or necessity of SW-846 Method
5035 in Arizona
10: Call to the Public
11 : Next MeetingAgenda, Date, Location, and Time
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
_ language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
lVUNUTES OF THE APRIL 15,1999 MEETING OF
THE UST POLICY COMMISSION
BOARD MEMBERS IN ATTENDANCE:
Roger BeaI
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Matthew Ortega
Ed Truman
BOARD MEMBERS ABSENT:
Mike O'Hara
Karen Holloway-Environmental
OPENING COMMENTS
Chairperson Myron W .. Smith welcomed Policy Commission Members and public to the UST
Policy Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
.. Approval of the Minutes of the previous meeting (March 8) have been postponed until the next
meeting. Mike O'Hara chaired the previous meeting and is not in attendance today.
AD:MINISTRATIVE ISSUES
• Patricia Nowack has received 1 reimbursement claim from commission members. Members were
asked to submit their claims on a quarterly basis. A W-9 fonn is required andwas distributed to
all members and should be returned with their first claim.
Sev~ral commissi¢n members' terms will expire at the end of May. Do we know the procedure
for renewal? AI Johnson (UST Ombudsman) will follow-up on the process to fmd the proper
procedure for reappointment/renomination. A letter will then be sent to the Governor to request
reappointment of the terms' for those members. Do we need to post member vacancy?
• Need procedures for letters, questions, or items from public. Assume that they should be addressed
to UST Policy Commission chairperson. It is advisable that public should submit 2 weeks prior
to meeting. Chair win distribute to members. If contributor is not present, items submitted win
be tabled for next meeting.
UST Policy Commission "wleeting Minutes
April 15, 1999
Page 2
* Jean Calhoun left the meeting at 2:00 p .. m.
Ethics training may be taken during the tenure of the app6ihtri1~n!f()r the commission member ..
Office of Excellence in Government will conduct trairiiri~ gne "~eek from Friday .. Training for
Boards and Commissions will be held fr·om 8·· 12. a .. m. and Ethics training from 1-3 p.m. All
members are encouraged to take the April 23 training. .. . .'
-- ~ - . .'
A separate Etrucs Training class \vill be held on May 20, i6~-?J1d Jurte 17 from 1 :00-5 :00 p.m. at
1616 W. Adams. You may contact Debbie Shelton at 542':5916 for information or to register for
classes.
TECHNICAL SUB-COMMITTEE CORRECTIVE ACTION PLAN GUIDANCE DOCUMENT
Hal Gil su~mitted letter to Myron Smith regarding Recommendations discussed at the UST Technical
Sub-committee meetings.
a) During the course of the three meetings, the COIrective Action Plah Guidance Document was
reviewed page by page. Changes made in this document were outlined in the letter to Myron
Smith.
Changes were made to the Guidance Document where there was a general disagreement with
the language. Other changes were made by moving language around in the document to make
it more accurate and eliminating language that was redundant or unnecessary.
Under the section "Public Participation~.', comments were made regarding soil only sites and
CAPS. The CFR requires public notice when the department requires a CAP. Technical sub­committee
should discuss a soil-only guidance.
Myron tabled paragraph in :first bullet back to the technical sub-committee for further
discussion. There was no change in the second and third bullets. The fourth bullet and the 4
sub-bullets should be stricken.
Appendix A: CAP vs RAP is to be removed.
Discussion regarding the GPL for MTBE to be tabled for later discussion.
Appendix D: No change on Section I; Section II-Definition of "Source" Recommendation that
definition be developed.
Section N - Recommend that language be changed·
Section VII-Recommend that language be changed
UST Policy Commission Meeting Minutes
April 15. J 999
Page 3
b) Comment frQm Dan Kelley: GPL for MTBE process takes too long; need to deal with it now.
c) Myron Smith made motion to accept recommendations as corrected and amended. The motion
was seconded by Elijah Cardon. All in favoL
FINANCIAL SUB-COMMITTEE
•
*
..
..
SAF phase-out; need to move ahead with further recommendations; detennlne long tenn
solution.
Ed Truman (UST Policy Commission Member) arrived at 3:45 p .. m.
Vote on rules package - go to fInancial sub-committee
There v.rill be a meeting on GRRC the fIrst Tuesday of June .
LEGISLATIVE ISSUES
• Money for regulatory account is in SB 1381. Consensus between ADEQ and chamber
regarding changes to the bill. Bill could be heard on house floor at any time.,
.. Legislative session will continue for a few more weeks. The 120 days (regular session) is up
today.
OPEN TOPICS
a) Request from Hal Gill that discussion with ADEQ ofSRL to MTBE truly protective of
ground water. SRL not necessarily protective of groundwater.
There is a need to find ways to develop a GPL for MTBE; take care of problem while in
soil before it reaches ground water.
All members of the commission were encouraged to attend the MTBE meeting in May.
b) How EPA SW -846 is required. This will be referred as an agenda item to the technical
sub-committee. ADEQ is drafting policy on use of this method.
Method 5030 (b) no longer refers to soil in preparation of volatile; 5035 soils for
volatile analysis. (Technical sub-committee will work with ADEQ & ADHS)
UST Policy Commission Meeting Minutes
April 15, 1999
Page 4
CALL TO PlJBLIC
Policy Commission members unable to attend the May 6, MTBE Stakeholders meeting - please
advise ..
Sub-committees - who provides information
Minutes of meetings will be placed on website for publi~ when finalized.
Coordination within ADEQ - Need to have Air Quality involved in discussion. Should invite
them to meeting .. A letter should be sent detailing why they should be involved.
*
*
Place Air Quality on neA'! agenda Request that Nancy Wrona and others attend the next
UST Policy Coi:nmission Meeting.
Jean Calhoun returned to meeting at 4:25 p.m.
George Tsiolis distributed handout of Draft SAF Rules.
Meeting Agenda, handouts to be sent to absent commission members.
NEXT MEETING
The next UST Policy Commission Meeting will be held on May 20, from 9:00-12:00 in ADEQ
Conference Room 1709
Ed Truman informed Policy Commission that he had a conflict and would be unable to attend.
ADJOURN: 4:30
UST Policy Commission Me-""!.ing Minutes
Apri11S, 1999
Page 4
CALL TO PUBLIC
Policy Commission .merilbers unahle to attend the May 6, MfBE St3keholders meeting - please
advise.
Sub-cornmi~ - who provides information
Minutes of meetings will be placed on website for public when .finalized.
Coordination within ADEQ - Need to have Air Quality involved in discussion. Should invite
themro IIie..oting. A letter should be sent dciailing why they should he involved,;
• Place Air Quality on n..."'X1 agenda. .Request truit Nancy Wrona: and otheIs ~ the next
UST Policy Commission Meeting.
• Jean Calhoun returned to meeting at 4;25 p.m.
George T~olis distributed handout ofDmft SAF Rules.
Meeting Agenda, handouts to be sent to absent commission members.
NEXT MEETING
The next UST Policy Commission Meeting Vlrill be held on May 20, from 9:00-12:00 in ADEQ
Confc:rence Room 1709
Ed Truman informed Policy Co.mmi.ssion that he had a cpoflict and would be mmble to attend.
ADJOURN: 4:30
~A~()" . ~ ~ - --
UST POLICY COMMISSION MEETING
MAY 20, 1999 9:00 am-.;.12:00 noon
LOCATION: ADEQ ROOM 1709
3033 NORTH CENTRAL A VENUE
PHOEl\1X, AZ.
1: Opening Comments
2: Approval of Minutes of previous meeting
3: Administrative Issues
, 4: Open Topics
5: Technical Sub-committee
6: BREAK: 15 Minutes
7: Financial Sub-committee
8: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) others
9: Legislative issues and updates
10: Call to the Public
11: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
MINUTES OF THE l\1A Y 20,1999 MEETING OF
THE UST POLICY COI\1M]SSION
BOA.RD MEMBERS IN ATTEl\TDANCE:
Roger Beal
Phil McNeely for Jean Calhoun
Elijah Cardon
Harold Gill
Myron Smith
Matthew Ortega
BOARD MEMBERS ABSENT:
Mike O'Hara
Kar€~ Hollo\x/ay-En"irollil1entaI
Ed Truman
Theresa Foster
Mike Denby
OPENING COMMENTS
Chairperson Myron W. Smith welcomed Policy Commission MeinDers and public to the UST Policy
Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
• Minutes of the previous meetings (March 18 and April IS) will be submitted for approval at the next
meeting. A quorum. was not present to vote on approval of minutes. Mike O'Hara chaired the March
18 meeting and is not in attendance today.
ADMINISTRATIVE ISSUES
Ethics Training is available and encouraged for those members who have not received training. Myron
Smith will acquire a training schedule and submit to all board members for training later in the year.
OPEN TOPICS
• During the last couple of months the State Assurance Fund (SAF) has gone through a 3-phase pre
approval project completing phases 1 and 2 which has freed up about $7 million to pay ranked SAF
claims. Phase 3 will be completed in the next couple of months. During this time frame, funds will be
unencumbered as process goes along.
Approximately 80 claims per month are received which includes both Maricopa and non-Maricopa. No
large increases or decreases are anticipated in the next year or two, therefore with about $4 million/month
in claims, about $2 million/month in revenues come in putting us $2 million! month further behind in
obligations to the fund.
UST Policy Commission Meeting Minutes
May 20. 1999
Page 2
It would take about 4 Y: years to payoff existing claims if no other claims are received fr'om this day
forward .. Tank owners/operators \vho have not upgraded their timksby June 30, 2000 wIIl receive only
50% eligibility to the SAF. Th.is would encourage ov.mers/operators to seek other funding for corrective
action on their own.
There is a strong need to re-focus on the 6 corrimission mandates in ARS §4 9-1092. A report wiII be sent
to Governor (due by December), and recommendations will be due on these mandate items in the October
time frame for the final report.. Committee should start working on report and evaluate each item with
time frame.
Need to look at cost ceiling in SB 1381 (broad-based cost ceiling). The next meeting will be held on May
2.5 at 9:00 a.m. in Rm. 1706. Ail interested persons are invited to come and participate.
TECHNICAL SUB-COMMITTEE
• Completed recommendations to CAP Guidance, Myron will draft a cover letter when submitting
recommendations, possible next week.
FINANCLAL SUB-COMMITTEE
• Sub-committee will look at SAP rule package and vote on the recommendations at the next UST Policy
Commission Meeting.
Sub-committee wiII look at the 6 commission mandates in ARS §49-1092.
Need to come up with permanent solution for the Regulatory Account ShortfalL
ADEQ Rule, Policy/Guidance Packages
.. Financial Sub-comrnittee should meet to make recommendation to vote on SAF Ru1e.
RBCA - actually LUST Corrective Action Rules, which include more than just RBCA; available to
distribute in June.
Comments on Rules Package,. Financial Sub-committee to submit recommendation in draft form one
week before the next UST Policy Commission Meeting.
LEGISLATIVE ISSUES AND UPDATES
.. SB 1196 - passed at Legislature with some revisions related to appropriations to SAF fund; regulatory
account adequately funded for the next :fiscal year 2000.
SBl381 - UST Bill passed ancisigned by governor. The amount of$500,000 was granted to the UST
Policy Commission to ~tnriv ~h~rnt'tp.,..;",ti('", "f' T"Prrnl",t<>,i <""h<:"+.,.,..,,,,,,,, ~1"~~,,, C>+~ '"M.. ___ -C __ .:I_ ----- -' ,
UST Policy Commission Meeting U"mmes
May2Q,1999
Pllge 3
CALL TO THE PUBLIC
• Debra Margraf of the A2 Auto Assoc. was interested in se...ofug that the UST Policy Commission
M~~.f4nd Sub-Committeo Meetings get pIaccl in the DEQ NeWslettery so that more people in the
regulated. coIrimrinity are aware of the meeting dales and times.
Ron K~ responded by stating that we presently have a vacancy within the UST Customer Senrice
area, thefclOre the" D.ewslc:tter is not currently going out. Once the n...'"WSlener goes 004 it will contain
the IDfo.nliation.regarding the meeTings. .
It "was recommended that the $'5 allotted for the study be placed on the agenda in all future meetings
for disCllSSion and updates. .
Sub-:committees will vote on recommendations and bring back vote on vendors intcn:sted in making a
bid to aSSist ill the srudy_ A third sub-committee will be formed to deal specific:a1ly with. the allotted
dollBrs and to ~ With the procmemenr process for vendor selection for the scope ofwork and cost
for !his stDdy. l <
If it is determined that the study is outside scope of state contractors then a recomme:ndmiOIl may be
made to proc:un:me:nt to add name of vendors to list.
It woald be beneficial to invite the procurement supervisor to the next med:ing to give a run down on
the process and procedure asscdated with the bidding process.
Roger Beal asked that he be made aware of ~ particularly problematic ones discussed at the sub­C01rinlittees
(what works, wh.c:t doc:sn't,howto make it better).
NEXT MEETING
The next UST Policy Commission Meeting will be held on June 17, from 9:00-12:00 in ADEQ
Con:feIence Room 1709
ADJOURN; 10:15 LDL
Darlene Del:Ie" UST &: Program Support ~AuiIIl!.i:Iit:rtI;titt
Approved by:
UST POLICY COl\IMISSION :MEETING
JUN"'E 22, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM InO
3033 NORTH CENTR4..L A VEl\tuE
PHOEI\1JX, AX.
1: Opening Conunents
2: Approval of Minutes of Previous Meetings
3: Administrative Issues
·4: Open Topics
5: Technical Sub-committee
Vote on Interagency Service Agreement with ADEQ
Vote on Conceptual Design for the Technical Study
6: BREAK: 15 Minutes
7: Financial Sub-committee
8: Call to the Public
9: Next Meeting Agenda, Date, Location, and Time
10: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
l\lINUTES OF THE JUNE 22, 1999 MEETING OF
THE UST POLICY COl\1l\lISSION
BOARD MEMBERS IN ATTENDANCE:
Roger Beal
Jean Calhoun
Harold Gill
Myron Smith
Theresa Foster
Ed Truman
MikeO'Hara
Mike Denby
BOARD MEMBERS ABSENT:
Matt Ortega
Karen Holloway
Elijah Cardon
OPEl\rrNG COMMENTS
Chairperson Myron W. Smith welcomed Policy Commission Members and public to the UST Policy
Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
.. Members of the Policy Commission reviewed the minutes from the March 18, April 15 and May 20
meetings. These minutes from all three meetings were approved with changes.
ADMINISTRATIVE ISSUES
• No discussion
OPEN TOPICS
..
..
The Technical Sub-committee chairperson will send a letter to Nancy Wrona, (Air Quality) and the AZ .
Department of Water Resources (ADWR) to request their attendance at the ne)..1 UST Policy Commission
Meeting.
A staff member from the Chamber of Commerce asked pennission and distributed a handout (decision
paper) to UST Policy Commission members. Members would like to receive handouts before hand so
they have time to review and make comments at meetings. There is a protocol for distributing handouts
which was brought up and agreed (voted) upon at the April meeting.
TECHNICAL SUB-COMMITTEE
.. Vote on Interagency Service Agreement with ADEQ - hold for discussion of draft ISA. Kathleen
DOll:,anerty ofContractslProcurement will work with commission to hire consuItant(s)_ m::lnt1(mt Ul::l~
UST Policy Commission Meeting Ivfinutes
June 22. I 999
Page .2
distributed). Need to know the purpose of the study in order to give direction to person)s) contracted to
complete the study.. SB 1381 - Committee may contact most appropriate to do an ISA between
commission and procurement; defining roles., Kathleen Dougherty will discuss \vith Hal Gill and a letter
will be sent to state procurement office ,. The J'ote will be tab(edfor tire ne.xt meethtg.
• Mike O'Hara requested a copy of the legislation that mandates the study ..
It was recommended that the policy commission members vote on the actual scope of work and the final
list of recommendations for hiring the consultant at the July 21 meeting ..
;> The chairman discllssed the hiring of a consultant to oversee the study indicating that more than one
contract would be involved. There was a great deal of concern regarding the possibility of two contracts.
Specific goals should be defined, without reinventing the wheel. It is necessary to establish goals and
purpose before hiring a contractor. The contractor must provide specifics on how to meet our goals. The
vendor with the best methodology (part of their response) is the one who should be selected.
More members need to attend the Technical Sub-committee meeting to provide input for continued
development of the program. / <
• Roger Beal suggested that sub-committee meetings be held on same day as the UST Policy Commission
meetings to make it easier for those traveling a further distance to attend.
Fact sheet (Facts about Study) will be brought to the next meeting for discussion.
BREAK. - 2:25 p.m.
*Theresa Foster left the meeting during the break
FINANCIAL SUB-COMMITTEE
.. SAF Rules Package on table since mid ApriL Work still in progress; ongoing issues. Comments written
and win bring to next Policy Commission meeting.
There is no deadline - .have not gone to public comment
.. Regulatory Account - recommendation for funding for current year only. There is 'a problem for finding
solution for long tenn funding problem. Within two months we should have recommendations to present
to the Policy Commission.
Cost ceilings - focus on methodology of numbers themselves. Topic of next Financial Sub-committee;
continued discllSSion.
Phase-out of State Assurance Fund - open discussion for next meeting. Recommendations to be given
to Policy Commission later in the year. Need clear direction as to where state will go. S.A..F unable to
_1_, _ ~ __ II A'~T"'.Ll r
- .....-::::-.~-
U'-'l" l'UU":,)' \..-umrol"'SlOn lVle!!!:!I1g IVUnUll:S
June 2"2., 1999
?:lge :;
, . JB c.-'\LL TO THE PUBUC
Cost Ceilings - smroto."Y dead1i& (All::,~ 15) Commission has 30 day comm::nt period. ~be:r 15
deadEn ..... Need to have recomm...~r.S for JIOte at the July 21 meaiJr:.
Tasked based. set of guidclIDes w-s given. to Myron to be distributed to members refle...."1iog on what
they vrant to see. ADEQ held three meeting 2t which comments were ~sted. (written) as required
in statute.
Ed. Tn.u:rum l .. ft the m~..mg at 3:00 p.m.
The DOct UST Policy Comm;ssioll ~ting v.ill be held on July 21, from 9:00-12.:00 in A.DEQ
Conference: Roam. 1710
ADJOUR1t\: 3:a5 p..m..
.!
Darlene Dekle, UST &. Program ~upport AdInici#r:m
Approved by:
1 :
3:
4:
5:
UST POLlCY COMMISSION MEETING
JU1'rE 22, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM 1710
3033 NORTH CENTR-U. AVENUE
PHOEl\.1JX, AZ.
Opening Comments
Approval of Minutes of Previous Meetings
Administrative Issues
Open Topics
Technical Sub-committee
Vote on Interagency Service Agreement with ADEQ
Vote on Conceptual Design for the Technical Study
6: BREAK.: 15 Minutes
7: Financial Sub-committee
8: Call to the Public
9: Next Meeting Agenda, Date, Location, andTime
10: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
UST POLICY COMMlSSI0N ]\1EETING
JULY 21, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM 1709
3033 NORTH CENTRAL A VENUE
PHOE!\TJX, AZ.
1: Opening Comments
2: Approval of Minutes of Previous Meetings
3 : Ad.ministrative Issues
.. Administrative Budget
4: Procurement process
II ReView of process as it relates to the groundwater study
5: Technical Sub-Committee
.. Review groundwater study scope of work
.. Vote on scope of work
6: BREAK 15 minutes
7: Financial Sub-Committee
.. Review SAF rule package
8: ADEQ RuIe, Policy/Guidance Packages
• Time Frames and Licensees
• RBCA
.. others
9: Legislative issues and updates
10: Open topics
11 : Call to the Public
12: Ne)..1: Meeting Agenda, Date, Location, and Time
13: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
l\lINUTES OFTHE JULY 21, 1999lVIEETING OF
THE UST POLICY COl\1.MISSION
BOARD MEMBERS IN ATTENDANCE:
Myron Smith
Phil McNeely for Jean Calhoun
Harold Gill
Roger Beal
Mike Denby
Karen Holloway
Elijah Cardon
BOARD MEMBERS ABSENT:
Matt Ortega
Ed Truman
Theresa Foster
Mike O'Hara
Meeting began at 1:12 p.m.
OPEl\TJNG COMl\1ENTS
Chairperson Myron W .. Smith welcomed Policy Commission Members and public to the UST Policy
Commission Meeting ..
APPROVAL OF MINUTES OF PREVIOUS MEETING
Motion was made to approve the minutes of the June 22 Policy Commission Meeting by Myron, and
seconded by Roger Beal. These meeting minutes were approved with changes ..
ADMINISTRATIVE ISSUES
Administrative Budget
The Legislature allocated $10,000 for the UST Policy Commission in FY '99. The balance of these funds
have rolled over into the new fiscal year 2000. The Commission will request another allotment offunds
at the next legislative session, if the lerrislation feels that the commission needs them.
A portion of these funds may be used to hire a clerical person (or court reporter) to provide the meeting
support and clerical responsibilities necessary for the meetings (i.e. minutes of meetings, faxes, agenda,
etc). Kathleen Dougherty of Procurement will work with the UST Ombudsman to have someone in place
ideally by the next meeting in August. The UST AAI has been providing the clerical support to the
commission since its inception.
A copy of the schedule of meetings was distributed to commission members and emphasis was placed
on adhering to the meeting arrangement.
UST Policy Commission Meeting
J ul y 21.. 1 999
Page :2
• Procurement Process
Review of process as it relates to the groundv.:ater study - Governmental Agreement: lSA or IGA
(working to resolve). Commission, DEQ and SPO administrator wiII meet and feedback will be given
to commission regarding their ability to issue procurements. .
"'Voting Approval for next meeting
technical team has done good job
TIext steps - get consensus
evaluate offers received
conflict of interest issues (integrity of commission and study)
committee of approximately 5 persons for contractor selection with at least 1 person from
procurement (should be good judge of candidates)
should names come to commission to be voted on?
procurement codes are confidential, therefore may go into Executive Session for confidentiality
TECHl\TJ:CAL SUB-COMMITTEE
• Determine mission, goals and scope of study; overall process. First phase will come up with true scope
of work. The UST Technical Study Scope of Work (Draft Document) was distributed for review and
discussion. As a result, several changes were implemented as follows:
Goals: Three of the four bullet points were revised to read:
~ Compile and summarize characteristics of the LUST groundwater plumes, including but not
limited to, size ~d rate of movement
Identify the risk and exposure pathways (including but not limited to threatened or impacted
production wells) created by the groundwater plumes
Summarize the types of corrective actions performed at Arizona groundwater LUST sites, and
assess the cost and effectiveness to date.
Karen Holloway mad~ a motion to accept the goals as revised and Hal seconded the motion.
Scope of Work: Two of the four bullet points were revised as follows:
'" Evaluate the presence of regulated substances at LUST sites with emphasis on benzene, P &'9:s,
MTBE, I,2-DCA and EDB
'" Maintain lines of communication with UST Policy Commision at least monthly
Myron made motion to approve the changes in the scope of work and Karen seconded the motion. None
opposed.
iJST Polic), Commission Meeting
July 2/. 1999
Page 3
Tnere"W-"...s dis.::-JSSion regarding the mission sn1!e:nenr and it W~ resolved that th= wiD be two miSsion
stBt:m~ts to :read as follows:
~ Commjssion Groundwater Study -Research tke tiacumentetl rektzses of regWmeti suhstarteeS
from URdergrolma Swroge Ianf.s to graantiwatO in this state and prtlVide datil to make
recoin.mentiaticms as appropriate to the study, 10 the legislature. and ADEQ to 11t04fY the
a:istlng UST program.
Mission Sbfement for Study,.. To itIentify rpui develop techniC1lIly defensible and statistic:1Z1ly
sign.UlCfmt data on Arizona LUST growufwata sites. to be used by the Arizona UST PoliCy
Cammissum. in the pzosuil. oj tJr.e Cf)mmfrsiorrs7 mission statement.
Ka:.~ HolIo\\~y made motion to- ac~pt th~~ t'.ya T"ni~on stttements and P~ger Bcal seconded the
motion. There were none opposed...
15-A list ofn.amesfor the sekctWn. committee will be brollgitt to the next UST Policy Commissicn
Medi1tgfor vote.
The n:::rl tedmical sub-committee will be held on July 27, 1999.
IreIr'.5 1, 8, 9 and 10 W'J1 b:: tabled for discussion at the next tTST -Policy Gomrilission Meeting due 10 time
constraints •
...... ALL TO THE PUBLIC
.. Pat Nowack COIDIllCnl:cd on the closure on cost ceilings. Financial and Technical need to come up with.
final ddinitions for SAF Cost Ceilings policy and given to members ono week before the meeting for
their review.
Sra1u!ary timelinc fur 8M Cost Ceilings are to take priority over the groundwater study.
NEXT MEETING
The next UST Policy Commission Meeting will be held an August 18. from 9:00-12:00 in ADEQ
Conference Room 1706
ADJOURN: 4:05 p..llZL
Prepared by:
. A' (.4!A1& L ~ f/;( d9
Darlene D-•. kk; UST & Program Support ~vc:: Assistant
Approved by:
TOTAL P.04 •
UST POLICY COMMISSION MEETING
JULY 21,1999 1:00 pm-4:00 pm
LOCATION: .A.DEQ ROOM 1709
3033 NORTH CE~rrRAL A VE~lJE
PHOEl\1JX, AZ.
1: Opening Comments
2: Approval of Minutes of Previous Meetings
.3: Administrative Issues
.. Administrative Budget
4: Procurement process
,. Review of process as it relates to the groundwater study
5: Technical Sub-Committee
Review groundwater study scope of work
Vote on scope of work
6: BREAK 15 minutes
7: Financial Sub-Committee
!II Review SAF rule package
8: ADEQ Rule, Policy/Guidance Packages
.. Time Frames and Licensees
.. RBCA
• others
9: Legislative issues and updates
10: Open topics
11: Call to the Public
12: Next Meeting Agenda, D~te, Location, and Time
1 ~·
~. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
UST POLICY C01\1MISSION MEETIl\fG
AUGUST 18,1999 9AJ\1-12NOON
ADEQ ROOM 1706, 3(}33 NORTH CENTRAL AVE.
PHOEl'i1X, AZ.
1. Opening Comments
2. Approval of Minutes of previous meeting
3. Administrative Issues
• Administrative Budget
e Support to Commission
4. Financial Sub-Committee
• Review SAF cost/definitions package
If Call to the Public
• Vote on SAF cost/definitions
5. BREAK 15 minutes
6. Procurement Process
$ Review of process as it relates to the groundwater study
7. Technical Sub-Committee
• Review groundwater study scope of work
8. ADEQ Rule, Policy/Guidance Packages
If Corrective Action
• SAP
• Others
9. Legislative issues and updates
• Policy Commission statute
10. Open Topics
11. Call to the Public
12. Next Meeting Agenda, Date, Location, and Time
13. Adjourn
P'!I'SOns with a disability may request a reasonable aCt:OlJUOOdation such as a sign language interpreter, by contacting
Dar'iene Dekle at 207-4324. Requests should be made as eu1y as possible to allow time to arrange the accommodation.
l\1INUTES OF THE AUGUST 18,1999 MEETING OF
THE UST POLICY COl\1l\lISSION
BOARD MEMBERS IN A TTEND.A:\CE:
Roger Beal
Jean Calhoun
Myron Smith
Theresa Foster
Ed Truman
Mike O'Hara
Mike Denby
Karen Holloway
BOA..RD MEIVrBERS ABSENT:
Matt Ortega
Hal Gill
OPENING COMMENTS
The UST Policy Commission will be discussing a full agenda today and should get through
the agenda items within the allotted time.
APPROVAL OF MINUTES OF PREVIOUS MEETING
A comment was made regarding the "Mission Statement" in the minutes of the previous
meeting. It was recommended that the word "to" be changed to "from" in the statement.
ADMINISTRATIVE ISSUES
SAF Administrator provided update on UST Policy Commission budget of $10,000. It is
anticipated that the remainder of the budget ($9,157.26 at end ofFY' 1999) will be used
during this fiscal year, and the Policy Commission chairperson (Myron Smith) will propose
to the legislature another $10,000 budget for ne:>..'t year.
The chairperson will work with Procurement to replace the UST Administrative Assistant
who currently provides clerical support for the Commission.
FINANCIAL SUB-COMMITTEE
~ Review of the SAF cost/definitions package
~ Several comments to DEQ on SAF Ru1es package, however, no specific recommendations
at this time.
The Ru1es Package continues -to be developed with a target date of October for draft
completion.
UST Policy Commission Meeting
August 18, 1999
Pagel
Several concepts to phase out the SAF \\!ere presented. Phase-out for new releases. Releases
reported prior to a specified date would be grandfathered. Date of phase-out should give
sufficient notice for UST owner/operator to take appropriate actions, and to acquire private
msurance.
The Financial Sub-committee should have a meeting before the next UST Policy
C0111IrllSsion Meeting regarding phasing out the SAt. Commission members would like to
have an Insurance re.p resentative attend the meeting- ..
Three general concepts developed in the sub-committee concerning the SAF cost ceilings
were:
a.. recommend ADEQ set a ceiling amount closer to the mean
b. revising statutes and rules to revise cost cei1~ngs' less frequently (3 years);
currently revised annually ,
c.. revise statutes and rules to allow owners/operators to have costs reviewed
under the new cost ceilings; reduce appeals and administrative time; simplify
review process
" consensus of committee; guidelines/cost ceilings mechanism/means
of having a higher figure potentially set
Commission would like to make recommendation for a 3 year review; get consensus on item
"B"; and bring items "A and C" back to the Commission for p..rrther discussion. These items
need more facts and figures before vote can be made.
There was further discussion regarding the 3 items and additional facts and figures will be
discussed in the Financial Sub-committee and voted on at the next commission meeting.
Cost ceiling definitions - There are 2 sets of definitions; ADEQ's and those from the
Chamber of Commerce. There will be reconciliation of both documents, and currently the
sub-committeeis in agreement (95%) with the definitions of the department.
The approximate 5% are unresolved and a meeting is needed to resolve these definitions.
The Financial Sub-committee needs to meet one more time to compile the package and vote.
Cost surVey's should be out in the neA'! week. Technical Sub-committee needs to meet next
week to finalize this issue and bring it to vote. It is critical to conduct the vote to meet the
statutory deadline of September 15, 1999.
There will be a special meeting of the UST Policy Commission to discuss and vote on this
one issue (Cost Ceilinvd
UST Policy Commission Meeting
August 18, 1999
Page .3
• UST Regulatory Account Shortfall - Policy Commission to be proposing resolution for next
legislative session.
BREAK at 10:22 a.m.
RECONVENE at 10:42 a.lil.
PROCUREMENT PROCESS AND TECHNICAL SUB-COMMITTEE (Concerning
Groundwater Study)
Chairperson to set.,.up time line for Commission vote on Scope of Work by October meeting.
ADEQ RULE, POLICY/GUIDANCE PACKAGES
Draft Corrective Action Rules are available for public comment; SAF Draft Rule Package
is out for review. The Corrective Action Rule package should have informal comments
(due 8118) and fonnal comments due September and October with final draft to
Governor's Regulatory Review Council for approval December 31.
Comments submitted after today, August 18, may not be guaranteed for review. There is
frustration concerning the short time frame; comments were not solicited until July 30.
Rule is available on Website and also available a

Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution.

ARIZONA UST POLICY COMMISSION
December 31, 1999
The Honorable Jane Dee Hull, Governor
The Honorable Brenda Burns, President of the Senate
The Honorable Jeff Groscost, Speaker of the House
The Director of Environmental Quality
State of Arizona
1700 West Washington
Phoenix, Arizona 85007
Dear Governor, President of the Senate, Speaker of the House, and Director ADEQ:
Pursuant to the reporting requirements of Arizona Revised Statutes 49-1092, the
attached report is being submitted to you by the Underground Storage Tank Policy
Commission. This report contains an evaluation of the Arizona Department of
Environmental Quality (ADEQ) Underground Storage Tank (UST) Program conducted
during the calendar year 1999.
The members of the UST Policy Commission wish to thank you for the opportunity to
participate in the Commission. The Commission has worked hard to gather information
needed to present a comprehensive and fair evaluation of the UST Program.
Respectfully,
~UJ,
Myron W. Smith, Chairperson
Arizona UST Policy Commission
ANNUAL REPORT
of the
UNDERGROUND STORAGE TANK
POLICY COMMISSION
Presented to
The Govemor
The President of the Senate
The Speaker of the House of Representatives
The Director of the Department of Environmental Quality
December 31, 1999
AR1ZONA STATE LIBRARY
ARCHIVES & PUBLIC RECORDS
SEP 2 3 2002
EXECUTIVE SUMMARY
The Underground Storage Tank Policy Commission was established by Arizona Revised
Statutes (ARS) 49-1092 in 1998, to review and provide recommendations to improve the
Arizona l!ncierground storage tank (USn program which is administered by the Arizona
Department of Environmental Quality (ADEQ). This is the initial report of the commission
as called for in paragraph 0..2 .. f the above statute ..
The commis~ion members were selected, and the commission began its workli1 January
of 1999. During this first year of operation, the Commission has focussed its attention on
those issues and activities that were of current priority.. These subjects included the
major UST activities being carried out by ADEQ during 1999; the commission also began
to address US!' issues identified in paragraph 0..2. of ARS 49-1092.
Myron Smith was selected as chair of the commission, and Michael O'Hara was selected
as vice-chair. The commission also established technical, financial and administrative
subcommittees, through which it could more effectively examine and consider the range
of issues it would be addressing.
ISSUES ADDRESSED
1.. Regarding major ADEQ UST activities during the year, the commission considered
and provided recommendations on the following topics:
/
Corrective Action Plan (CAP) Guidance Document
ADEQ State Assurance Fund (SAF) CostlDefinitions package
Letter of Support for ADEQ UST (Sunset Review)
Proposed UST Corrective Action rules
Proposed UST SAF Rules (under review)
The commission developed and provided comments and recommendations with a view
toward carrying out the purposes and objectives of applicable law, and providing the
benefit of the knowledge and experience of commission members.
2. The commission established a subcommittee to developed a work statement in
preparation for awarding the contract called for in Laws 1999, chapter 193, to conduct a
technical study of releases from USTs to groundwater.. The work is in progress.
3. In addition to the above, the commission reviewed ADEQ Regulatory Account funding,
and discussed options to address the fact that the account is inadequate to cover costs.
The commission also identified priority topics it intends to address in 2000.
TABLE OF CONTENTS
I. Introduction
II. Statement of Purpose .
Ill. Summary of UST Advisory Committee (1996-1997) .
IV. Summary of Accomplishments for 1999
V. UST Program Evaluation
Vi. Other Mandated Activities
VII. Priorities for the Year 2000
Appendix A UST Advisory Committee Recommendations
Appendix B Year 2000 Cost Ceiling and Item Descriptions
Appendix C Corrective Action Plan (CAP) Guidance Document
Appendix D Regulatory Account Funds Recommendation
Appendix E Recommendations on the Corrective Action Rules
Appendix F Letter of Support for ADEQ UST (Sunset Review)
Appendix G Budget and Expenses
Appendix H Agendas and Minutes
I. INTRODUCTION
This report has been prepared to satisfy the requirements of Arizona Revised Statutes
. (ARS) 49-1092 .. The report describes the purpose of the Underground Storage Tank
... ~(UST) Policy Commission (the Commission), a summary of past' work accomplished by
the UST Advisory Committee (1996-1997), the accomplishments ofthe
I. The State Assurance Fund Statutes and Rules should be amended so that the annual
requirement to revise the cost ceilings should be relaxed to every three years. ADEQ
should also consider annual increases to the cost ceiling amounts to cover inflation.
2. For cost ceiling items which have sufficient survey results, ADEQ should set the cost
ceiling amount no lowerfuan the mean or median of those results.
Sincerely,
Michael B. O'Hara
Financial Subcommittee Chairman
APPENDIX C
CORRECTIVE ACTION PLAN (CAP) GUIDENCE
DOCUMENT
/
ARIZONA UST POLICY COMMISSION
1\1ay 31, 1999
Ms. Jacqueline E. Schafer
Director
Arizona Department ofEnvironrnental Quality
3033 North Central A venue
Phoenix, AZ 85012
Re: UST Policy Commission Recommendations for Corrective Action Plan Guidance
Document
Dear Ms. Schafer:
The Underground Storage Tank (USn Policy Commission has reviewed and discussed in detail
the Corrective Action Plan (CAP) Guidance Document prepared by the Arizona Department of
Environmental Quality (ADEQ) UST Section. The following recommendations represent a
consensus by members of the UST Policy Commission present at the meeting held on April 1.5,
1999. The recommendations are submitted for your review and comment in chronological order
as they appear in the CAP Guidance Document.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithl@tosco.com.
Si~w.~l
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Attachment
CC: Az. UST Policy Commission Members
DISCL-uMER
Remove the last two (2) sentences from the disclaimer.
1J'HROD UCTION
Pg .. I
Remove the first sentence from the Introduction through "and environment... .. ".
CAP CONCURRENCE
Pg .. 2
Somemembers of the sub committee felt that 120 days for review of the CAP was to long. The
ADEQ indicated that currently they were trying to tum around CAPs within 90 days and this has
been verified for some recent CAPs submitted. However, until a final time frame for review of a
CAP can be established under the Licensing Time Frame Rule, the sub committee recommends
that the current time frame allowed for CAP review should be 90 days.
PUBLIC P ARTICIP ATION
Pg~2
The ADEQ and stakeholders should work together to develop boiler-plate language for a generic
public notice and where applicable the responsible party should bi ail owed to work with the
ADEQ to provide appropriate site-specific language for the public notice;
APPENDIX A: IMPACTED SOIL SITES
Pg.4
Remove the last sentence in the third paragraph starting with "The ADEQ must approve the ........ " ..
APPENDIXB: EXPOSURE ASSESSMENT
Pg.6
Eliminate "-95" from "(ASTM) Standard E 1739-95" or include "or most current revision".
APPENDIXC: APPLICABLE CLEANUP LEVELS
Pg.7; SOIL
Remove from third paragraph, fU'st sentence "encapsulated in the soil or ponded on groundwater"
APPEI\1J)IX D: CORRECTIVE ACTION PLA.t\T OUTLINE
Section I: Assessment of Impacts
Pg.9
The ADEQ needs to develop language for the CAP guidance document or elsewhere (the Site
Characterization Manual) that will clarify the current ADEQ policy on groundwater sanlpling
frequency as it relates to the CAP requirements.
Section II: Exposure Assessment
Pg. 10
. Remov~ fourth and fifth bullets "Estimated exposure duration; .. ": and "Estimates of
coritammanL .. ", respectively ..
The technical sub committee recommends that the ADEQ develop new guidance language and a
definition for a "source",. An exact definition of the "source" is critical for design of the remedial
system.
',' c',' '.' The technical sub committee recommends that the ADEQ develop new g'ilidaiJcelanguage and a
riewprocess for risk assessments that is separate from a CAP.
Section IV: Feasibility Analysis
Pg.I0 ... c:.
The guiciallce requires evaluation of at least three remediation strategies during the feasibility
analysis. The technical sub committee recommends that the following or equivalent language be
substituted in this section "provide three viable cost effective methods or justify if three do not
exist".
Section Vil: Confirmation Sampling and Decommissioning
Pg.l1
Insert a period after", and wells" and remove "after regulatory closure has been granted."
APPENDIX D
REGULATORY FUNDS RECOMMENDATION
ARIZONA UST POLICY COMMISSION
November 13, 1999
Ms. Jacqueline E. Schafer
Director
Arizona Department of Environmental Quality
3033 North Central Avenue
Phoenix, AZ 85012
Re: UST Policy Commission Recommendations for UST Regulatory Account and SAF
Cost Ceiling Methodology
Dear Ms. Schafer:
The Underground Storage Tank (UST) Policy Commission has reviewed and discussed in detail the
UST Regulatory Account shortfall in monies to adequately run the program, and the SAF cost
ceiling methodology prepared by the Arizona Department of Environmental Quality (ADEQ) and
the stakeholders. The following recommendations (attached Financial sub~mmittee letter)
represent support by members of the UST Policy Commission present at the meeting held on
September 15, 1999. Tne recommendations are submitted for your review and adoption.
If you have any questions or concerns, please contact me at 602-728-6986 or via e-mail at
msmithl!a>.tosco.com ..
Sincerely, iJn f
~ G0. c;;t;;t-L
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Attachment Financial sub-committee letter
CC: Ax .. UST Policy Commission Members
5112515'3578
November 4, 1999
...
Mr. Myron Smith
Chair UST poricy Commission
Tasca Marketing Company
1500 N.. Priest Dr.
Tempe, AZ 85281
O'HA~ & ASSOCIATES
Re: UST Policy Commission Financial Subcommittee Recommendations
MJ. Chainn:m,
PAGE 132
The Financial Subcommittee of the UST Policy Commission has made the folloWing recommendations:
UST Rezulatory Account
1. The UST Policy Commission supports the UST Inspections and Compliance Program.
2.. The funcling shortfall in the UST Regulatory account should be covered by a line item
appropriation 1n AD EQ' s annual budget.
Cost Ceilin~ Methodology
.~
1" The State Assurance Fund Statutes and Rules should be amended so that the annual
requirement to revise the cost ceilings should be relaxed to every three years. ADEQ
should also consider annualmcreases to the cost ceiling amounts to cover lnflation.
2. For cost ceiling items which have sufficient survey results, ADEQ should set the cost
ceiling amount no lower than the mean. or median of those results.
Sincerely,
Michael B. O'Hara
Financial Subcommittee Chairman
...
APPENDIX E
RECOMMENDATION on the CORRECTIVE ACTION .' . . :' . "'~. : - ,.~
RULES
ARIZONA UST POLICY COMMISSION
December 17,1999
Ms. Jacqueline E. Schafer, Director
Arizona Department of Environmental Quality
3033 N. Centra; Ave.
Phoenix, Az. 8 !i)12
Re: UST Policy Commission Recommendations for the Corrective Action
Rules; Title 18. Environmental Quality; Chapter 12. Department of
Environmental Quality Underground Storage Tank~; Sections R18-12-101,
102,2 $}, 2 ~,260, 260.01,261,262,263,263.01,'263.02,264,280.
Dear Director Schafer:
The Underground Storage Tank (UST) Policy Commission has reviewed and
discussed in detail the Corrective action rules, as referenced above. At the
Policy meeting held yesterday, the following motions were approved by vote of
the commission members:
"The Rules as they are proposed are not acceptable to the Policy Commission."
"We recommend that the director not adopt or submit these Rules to GRRC until
stakeholders concerns on the Rules have been addressed."
"We also recommend that the Director institute an intensive stakeholder process
including roundtables and public meetings in order to properly address the
concerns of the regulated community and other interested parties. D
and:
. ~-'. -
.; -.
Page 2
:'Givel1 the significance of the Corrective Action Rules package, the December
31,1999 statutory deadline for submission to the GRRC has been found to be
inadequate, and unachievable."
Although the Commission's decision on the two motions is only a
recommendation to you, we feel it is an accurate reflection of the regulated
community's concerns about this rule and we hope that you will give it due
consideration.
Furthermore, if the Corrective Action Rules are not submitted to GRRC, the
regulated community is willing to assume responsibility for the statutory deadline
not being meet .
J .
If you have any questions, please contact me at 602-728-6986 or via e-mail at
msmith1 @tosco.com.
Sincerely, ~L
~OV'-' k). ; .
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Cc: Commission Members
File
APPENDIX F
LETTER OF SUPPORT FOR ADEQ UST
: {SUNSET REVIEW)
,I ,"
ARIZONA UST POLICY COMMISSION
December 29, 1999
Senator Tom Freestone
Representative Carolyn Allen
Arizona State Senate
Arizona State House of Representatives
1700 W. Washington
Phoenix, Arizona 85007
Re: Support for ADEQ UST in Sunset Review
Dear Senator Freestone and Representative Allen:
I am writing you representing the Arizona UST Policy Commission, a broad group
representing stakeholders with gasoline underground storage tanks, to voice our
support for continuance of the Arizona Department of EnvironrT,lental Quality's
Underground Storage Tank department, for the Sunset Review process.
The policy commission's December 16,1999 meeting, consensus was given to
the chairperson to communicate to the Sunset Review Committee that the UST
department has made improvements over the last two years and continues to
move towards improving the relationships with the regulated public and
protecting the environment of Arizona, with fiscal responsibility.
Thank you for this opportunity to voice our opinion. If you have any questions,
please contact me at 602-728-6986 or via e-mail atmsmith1@tosco.com.
Sincerely,
~LU.
Myron W. Smith
Chairperson, Arizona UST Policy Commission
Cc: Commission Members
Jacqueline Schafer, Director ADEQ
APPENDIX G
BUDGETS AND EXPENSES
! .
Policy Commission Travel and Outside Services FY 99/00
Travel Beginning Balance FY 99
FY 99 Travel
FY 2000 Travel Claim Roger Beal
FY 2000 Travel Claim Roger Beai
FY 2000 Travel Claim Karen Holloway
Ending Balance
·Projected Ending Balance
$5,000.00
842.74
431.64
431.64
149.37
$3,144.61
0.00
·Travel charges for'FY 2000 are, projected to be approximately $3200.
Outside Services Beginning Balance FY 99
·Encumber funds FY 2000
Ending Balance
$5,000.00
5,000.00
0.00 '1,1
" All funds have been encumbered for the services of a court reporter for the Policy Commission Hearings.
'!~ ;.
APPENDIX H
AGENDAS AND MINUTES
,./ '
UST PQIicy Commission Meeting
JarniaIi6-~\ 1999: 10:00 am-noon
Location: ADEQ Meeting Room 1709, 3003 N. Central Avenue, Phoenix
AGENDA ITEl\1S
1. Introductions and Background
2" Open meeting law and Conflicts ofInterest
3. Mission and role ofUST Policy Commission
~4. Elect Chairperson and Vice-Chair
5" Policy Commission administrative issues and protocol
6. Discussions regarding UST issues, policy, rule packages, and statutes, including:
a. State AssUrance Fund Rille Package
b. Corrective ActionlRisk-based Rule Package
c. Timeframes Rule Package
d. increase to one-cent per gallon tax on fuel
e. increase tank fees--financiaI shortfall ofUST regulatory account
f. SAP review procedures
7. Call to the public
8. Discuss next agenda and meeting date
9. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Liz Bernal at 207-2205. Requests should be made as
early as possible to allow time to arrange the accommodation.
UST Policy Commission Meeting
-,CommissionMeeting Minutes for Januarv 6, 1999
Members Present: Hal Gill, Mike O'Hara, Mike Denby, Matt Ortega, Myron Smith, Ed
Truman, Jean Calhoun, Elijah Cardon and Theresa Foster
Members Absent: Roger Beale
• Welcome and Introduction of Commission Members:
Board Members introduced themselves providing a briefbac~ground of their affiliations and
professional experiences.
• Open Meeting Law and Conflicts of Interest:
Tamara Huddlestron (Attorney General's Office) presented an overview with handouts to
Commission members of the provisions of the Open Meeting Law and Conflicts of Interest.
. .
The Open Meeting Law requires that all meetings of public bodies b~, cortducted openly and that
notices and agendas be provided for such meetings and that their official deliberations and
proceedings be conducted openly. Additionally, description of the Open Meeting Law and its
definitions were given in regards to "Public Body", and the five basic categories of public
bodies; identification of "Quorum" meaning the majority of members; and "Agenda" which must
be posted 24 hours prior to public meeting and include the day, time and location of meeting,
Multiple meetings may be posted on a single Agenda providing each meeting is held. Non­agenda
items will not be discussed but may be included in future agendas for consideration.
A meeting may be called to discuss "emergency items" which must be posted within 24 hours
stating that an emergency session has been held.
Minutes of public meeting must be prepared and made available 3 days after the meeting with the
exception of Executive Sessions. No minutes are required when an Executive Session is held
since this type of meeting does not require that it be open to the public. There are seven
instances in which board members may go into executive session.
If a ratification is to take place, the public notice, agenda and written description must be made
available at least 72 hours before the meeting.
Violation of the Open Meeting Law may incur penalties, removal, civil penalties, attorney's fees
. and court fees.
ADEQIWPD Director asked. for clarification of "Quorum". The response was that Quorum does
not imply a set number of members but the majority of members of a body.
UST Poli...ds to happen ne:rt week (get file open). The e~lier it gets in t.~e higher
the probability of success. Mark Osborn will get the drop-dead date to submit issues.
.. a Call to Public:
John Pearce asked if ADEQ has list of UST Policy or Guidelines implemented by SB 1376. UST
and SAP management staff will provide substantial information for next:m'eeting.
Board members are appointed by Governor, therefore no person shall be designated to act in the
absence of board members for the purpose of decislon making. counted as quorum or be counted
as a voting member. Ms. Calhoun however, designated Phil McNee1y,.,Manager of the UST
Corrective Action Section to act on her behalf in her absence.
• Discuss next agenda and meeting date:
• Agenda item for next meeting - CAP Guidance and voting on Commission roles of order.
Agenda item for next meeting - ADEQ presentation on regulatory accounting shortfall.
Next meeting Will be conducted on Wednesday, January20, 1999 at 1:00 P.M. Location to be
determined.
Meeting adjourned at 11:55 A..lvL
Prepa,r ed By:
,
Darlene DekI~ UST Administrative Assistant
Approved By:
'---:-- . >-OC\ ... ,,-,-, L \. '.:
\.
Myron Smith, Chairperson
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I TOTAL P.06
UST Policy Commission Meeting
January 20,1999, t:OO pm:-5:00 pm
Location: Fennemore Craig, 3033 N. Central Avenue, Phoenix
26th Floor Conference Room E 1lE2
, AGENDA ITEMS
1 " Opening Comments .. ~.:
2. Approval of Minutes of previous meeting
3. Administrative Issues and Protocol
a. ~Tt1eeting Place
b. Quorum and Voting
c. Other Procedures
4. Establish Mission Priorities
5. Presentation by ADEQ on Regulatory Account Shortfall; Discussion
6, Discussion of ADEQ handout on rules and policies underway or promulgated since
Policy Commission was created including: " "
a. Distribution of ADEQ's Draft CAP Guidance Document
7. Preliminary Discussions regarding UST issues, policy, rule packages and
statutes for future ADEQ presentations and discussion by Commission,
including:
a. State Assurance Fund Rule Package
b. Corrective Action/Risk-based Rul~ Package
C. Time frames Rule Package
d. Increase to one-cent per gallon tax on fuel
e. SAF review procedures
f. Other rules, poliCies, issues
8. Call to the Public
9. Discuss next agenda and meeting place
10. Adjourn
ARB" 49-1092 established the Underground Storage Tank Policy Commission to review and provide recommendations
to improve the Underground Storage Tank Program. If you have any questions regarding this meeting, please feel free
to give ElizabethBema1 a call at 207-2205.
Persons with a disabililJ may request a reasonable accommodation such as a sign language interpreter. by contacting
Darlene Dekle at 201-4324. Requests should be made as early as possIble to allow time to arrange the accommodation.,
MI~uTES OF THE JA. N. lJARY 20, 1999 MEETING OF
. THE UST POLICY COMJ\lISSION
BOARD MEMBERS IN A TTENDA.l~CE:
Roger Beal
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Michael 0 'Hara
Matthew Ortega
BOARD MEMBERS ABSENT:
Edward Truman
Commission Person-Environmental
AGENDA ITEM 1 - OPENING COMM~S
Chairperson Myron W. Smith commenced the meeting and thanked Fennemore Craig for allowing
the Board to be here today, and hopefully, the Board will find a pennanent home somewhere where
the Board can meet on a regplar basis. Myron Smith introduced and welcomed Elizabeth Bernal,
who will be taking minutes for the Board from henceforth.
AGENDA ITEM II - APPROVAL OF MINUTES OF PREVIOUS MEETING
Myron sinith asked Marc Osborn whose responsibility it is to expedite and send out the Minutes in
a timely fashion. It was agreed upon that Myron Smith would be responsible for the above­mentioned.
Jean Calhoun mentioned that Marc Osborn's name had been misspelled. Jean also asked for
clarification of a "Quorum," and stated that it is generally the majority. Myron Smith stated that
under Item No. 3b; Quorum and Voting would be discussed at that point in time.
Elijah Cardon commented that he wished finther discussions relative to "Conflicts of Interest" and
"Rule and Impossibility." Discussion took place and Myron Smith informed the Board that he
would incorporate the changes to correct the Minutes of the last meeting. Matthew Ortega motioned
to adopt the "Minutes" from January 6, 1999, and bearing no oppositio~ the "Minutes" were
adopted. "
AGENDA ITEM ill - ADMlNISTRATIVE ISSUES AND PROTOCOL
•
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a. Meeting Place
;Myron Smith asked Marc Osborn if we currently have a meeting place .. Marc Osborn n~plied
;:< .t!iat ~e ~ ~>iH plan well in advance for a precise meeting place. Marc Osborn noted that AD EQ
.. , ;?~,ec;l$,a definite tirne frame, so that the meeting place could be booked well in advance ..
M)'ron.~mith commented that relative to "frequency," he would like ,~ohave .ct" UST Policy
Commission Meeting, " to be held the second Thursday of every month, a:nd to meet on a
• c ; monthly basis for the remainder of 1999. The staIldard h.o~ ~lleIyvays be from 9::00 A.M ..
"". l~ .. noon.. Myron Smith informed the Board that the ne:>,.!: HUST Policy Commission
Meeting, "will be held on Thursday, February 11, 1999.
b. Ouorum and Varina . ~
Elijal; Cardon suggested 7 Board members to constitute a QuorumJor Board action. Myron
~ eth.rlh ...l 1:"1"· L r'" -' , f\ _r'-r _ ..l··.L1£.~ UTT_-,-· - 'If" :. _" r ... ' .-
,-,Ir.J ...... aUUereU to Llljt <>1"\T"\T"nv;,....",t .. h, ~ ')/1/1 +'";,.~;t:h~~ Tn_ nl~~ n+_"_..l ... 1-_,- - ,
•
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of the 3,200 facilities, we should be having an annual inspection ..
Jean Calhoun wanted to clarify thesubjec1 matter dealing with inspections; that is,
currently ADEQ can't do ann~al inspections for 3200 facilities.. ADEQ's average '.
'Inspection is between two ~d o~e-halfyears 10 3 years.
Theresa F oster commented that "Inspections Are Good. H The~'esa is concerneg that
.1D~Q .is maintaining a program until "Etemity~' on a problem that has ~een partjally
fi:x¢d in the sense that as 6vmefs and operators, "we" are more concerned about
release detection then we ~e aware of. Theresa Foster preceded to co;rnm~nt !pat she
. dicin;t know if maintain.ing the'same level of inspections would be cost beneficial to
the program. Theresa also coIririiented that she strongly believed that ADEQ should
continue the program at the same level of frequency as ADEQ has done in the past.
Theresa felt the problem is behind us.
Ian Bingham commented that if inspections didn't occur, then reIeases will continue
and will increase as time goes on. Ian also commented that if ADEQ is to provide
adequate protection from undergroun.d storage tanks, we have to have something out
there to maintain this situation.
Ian Bingham provided Myron Smith with the following .• information relative to the
current amount of staff that reports to him:
+ 5 Inspectors
+ 4 Compliance Officers
+ 1 Team Leader
+ 3 Administrative Staff
Myron Smith commented that the "Regulatory Account Shortfall, " is a top priority
item of the Agency and will soon run out of funding. Myron Smith then excused Ian
Bingham.
The UST Policy Commission took a 10 minute break at 2:45 p.m.
AGENDA ITEM VI: DISCUSSION OF ADEQ
HANDOUT ON RULES AND POLICIES UNDERWAY
OR PROMULGATED SINCE POLICY COMMISSION
WAS CREATED, INCLUDING:
a. Distribution of ADEQ's Draft CAP Guidance Document
• Phil McNeely presented an update on ADEQ's "Rules and Policies. "
In May, 1998, Jean Calhoun reorganized the "UST Program." She split the Program
up be~een tge "UST and Program Support Section,'" Ron Kern runs that, and Phlr'· '
runs the H UST C-Orrecti1Je J4ctio11 Secrio11o " - o· • L - i
• ADEQ has gone through all the ground water sites ..
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Customer Assistance:.
PhilMcNeely reported that in August, we worked with the Governor's Office, creaied_ .:
a custQrne,rsiirvey, and sent out the survey to approximately 2 thousand owners and'
operators; consultants, labs and cohtractors. Currently we have the USTRdease .... ,,; .. "
Reporting the Corrective Action Rules.
We have the "State Assurance Fund Rules. "
Currently, we are working with the "State Assurance Fund Rules, " siI!ce we have a
few revisions.
As of this date, (1120/99,) the first draft of 'The Correction Action Rules" have been
completed and are in the preliminary stages and should, be out some time by mid
March.
Myron Smith asked Phil McNeely what is his target date for the "Cap Guidance. "
Phil McNeely replied that ADEQ has had it on the Webb for over a month now, and
should be out by early March.
There. was a question from the audience referencing if someone wants to present a
final document or in draft forniat, how does the process work in having the
Commission looking over the material and determining if the documentation can be
put onto the Agenda.
Myron Smith asked for the Agency's support to send the documents to the
Commission members directly. Myron Srrrith also commented in regards to feeding
back to the person subrrritting an Agenda item., Myron felt that the new sub­committees
will be formed, and feedback and response will be initiated from that
responsible sub-committee.
Ad~itionally, Myron Smith wants the sub-committees and the Chairperson of those
sub-committees, to perform for our Stakeholder groups and to interact with each
individual "Rule Package or Guidance" document, and set down with ADEQ and
come up with changes, additions and modifications that will come back to this
Commission, and the Commission's comments as individual members will also be
inclusive.
• .E: •a• c:h sub,- committee will come to us.J submit their commen'ts an.d chang_ es to a•
.particular document we recommend.. and that \vould come to us di:J.YS or weeks before.
r ',. the neAt meeting that is on the Agenda and we have time to revieWii,ai~bus.s It, v~t~ " . ~ bn it, and make~ our recommend;tions to lillEQ..··· . '. ...... ..' .
. . - . . -
. ... :Myron Smith commented thal the sub-committees will send out the "Notices"
,: ..... ,
;and the Commission members in turn will know about the upcorniJ:1:g rne,e,tiIfg~ Since
ther~ were nd other comments, Myron Smith went onto th~n~i.iAgehaait~tn.
; ,AGEl\'DA ITEM VII - PRELIMINARY DISCUSSIONS REGARDING
,.;·""i '(. {JST ISSUES, POLICY, RULE PACKA.GES AND STATUrEs";' ,
, '. , FOR FUTURE ADEQ PRESENTATION~ Al\r:D DISCUSSION
BY THE COMMISSION li~CLDV1.NG:
a. State Assurance Fund Rule Package
b. Corrective ActionlRisk-based RuIe Package
c. Time frames Rule Package
"/
d. Increase to one-cent per gallon tax on fuel
e. SAF review procedures
f. Other rules, policies, issues
• Myron Smith commented that he would like to. appoint a couple of sub-committees
as he alluded to before; partly financial and the other half technical, and get these
committees rolling on the road. What i wouId like to do is appoint Mike a 'Hara, who
has a broad financial background for the financial side of the guidance and packages
and Rules for the State Assurance Rules, which is number a, e, and' f.
• Myron Smith then appointed Hal Gill for his technical knowledge for items b, c and
f.
• Myron Smith then asked if anyone had any comments or thoughts?
e Myron Smith commented that the duty of the Chairman is to select their members and
he hoped that the sub-committees would talk to each other.
• Myron Smith conveyed that he felt strongly that to add to the establishment of the
sub-committees, he thought it should be required by this Commission that there is
ADEQ's representation, and The Office fThe Attorney General's representation,
where appropriate. .
• Myron Smith commented that the Commission needs to further discuss this topic and
he would have an "Agenda" item pertaining the above.
•
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•
Myron ~mith commented th'l.t if there is no objectiQn, 'Why don't we table the
formation of the sub-committees, tackle the issues under Item #7 on the Agenda until
the ne>.i "UST Policy Commission Meeting, "to be heIdon Thursday, February 11,
1999.
Myron Smith also suggested that why doesn.'t the Commission review these 2
packages t.~at are already out there and do need to" come out within the next thirty or
STh.iy days, ask 2 of the Commission members to look into them a little more in-dept.1.,
and the Commission can bring their comments, ~ome to a consensus on the "Rule
Packages" and "Guidance Packages," can go forward, and we can continue to have
a discussion on future sub-committees and other packages.
Myron Smith commented that ADEQ should have everyone's ,comments, so they have
a presentation to do before the meeting.
Myron Smith asked designated Commission members to submit their' comments to
ADEQ within 2 weeks, as the Commission is going to do with the Agenda, and that
will give Phil McNeely a 1 week time frame.
AGENDA ITEM VITI - CALL TO THE PUBLIC
• Myron Smith asked for a SAF list.
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AGENDA ITEM IX - DISCUSS NEXT AGENDA AND MEETING PLACE
Myron Smith apprised everyone that he has several Agenda items that he will type up
ill less than 2 ~eeks. If the Commission gives Myron any other Agenda items that
members would like to see on the Agenda, the Commission wiII definitely draft out
a draft and then finalize.
The next USTPolicy Commission Board MeetL.'lg vrJI be held on Thursday, February
11, 1999, from 9:00 AM unti112 noon; place to be determined at this point in time.
Meeting adjourned at 4.:30 p~m.
Prepared by:
J/.~~.. ' {'~"..' ~&. _~'. ~-.'. )2~ / q= -.3 '/ /
. v .,'
Elizabeth Ann Bernal, Legislatiye Administrative Assistant
- Approved By:
Myron U' Chairperson
UST POLICY COl\fMISSION MEETING
FEBRUARY 11, 1999 9 am-12 NOON
LOCATION: ADEQ ROOM 1709, 3033 NORTH CENTRAL AVENUE
PHOEI'UX, AZ.
I. Opening Comments
2: Approval of Minutes of previous meeting
3" Administrative Issues
a) New ADEQ legislative liaison, John Atkin$ "
b) PrOcess to re-appomt commission member/term limits
c) Reimbursement and expense form for expenses by commission members
d) Az. UST Policy Commission Rilles
e) Correction in Az Administrative Register
f) 49-1092, D-3 " .... at ieast 30 days to review and make '>vritten
recommendations
g) Environmental representative
4. AG discussion on conflicts of interest, rille of impossibilities
a) Ethics and conflicts of interest training classes, and other issues
5. Sub-Committee
a)
b)
Selection of Chairpersons
Sub-Committee charge/direction
6. BREAK - 15 minutes
7. ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham
8: ADEQ Policy/Guidance Packages
a) CAP
b) Time frames and Licenses
c) SAF
d) RBCA
e) Pre-approval Process
9: Open Topics
a} Legislative issues
10: Call to the Public
11: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
>,/
Persons with a disability may request a reasonable accommodation such as a sign language
. interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made as early as
possible to allow time to arrange the accommodation.
UST POLICY COMMISSION MEETING MINUTES
FEBRUARY 11, 1999
BOARD MEMBERS PRESENT:
Roger Beal
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Michael O'Hara
, BOARo MEMBERS ABSENT:
Matthew Ortega
• OPENING COMMENTS
The meeting was called to order at 9:13 a.m. Myron W. Smith welcomed committee members
and public to the UST Policy Commission Meeting.
• APPROVAL OF MINUTES OF PREVIOUS MEETING'
It was noted that Matthew Ortega's name was misspelled and correction was made. Specific
language was added on Page 3, Bullet 2 regarding "Conflicts ofInterest". Motion was then made
by Myron Smith for approval of the January 20, 1999 meeting minutes and seconded by Jean
Calhoun with no opposition from commission members.
• ADMINISTRATIVE ISSUES
a) New ADEQ Legislative Liaison, John Atkins - John Atkins, ADEQ Legislative
Liaison was introduced. Mr. Atkins comes to us from Wyoming where he spent
20 years as a lobbyist in the mining industry. He has worked both with Federal
and State agencies and expressed his pleasure in being asked to serve as
Legislative Liaison with ADEQ.
b) Process to re-appoint commission member/term limits - several members will be
coming up soon for re-appointment. Need to determine appropriate process and
follow':up with letter to governor's office so the process of re-appointment or
appointment may be made. Myron Smith will initiate this process with assistance
from AI Johnson, UST Ombudsman. The letter to governor will be joint letter by
chairperson and ADEQ Director.
Ed Truman requested an updated list of commission members with phone and fax
numbers. AI Johnson has an updated list and will follow-up.
c) Reimbursement and expense form for expenses by commission members - Parking
and mileage will be naid to r.ommic::c::ion memhe~ :It c::t::ltp- ::lnnrnvp-ti r::Itp~ 1I.Jf;1r ..
Clark infonned members that the mileage allowance \\'ill be reduced from 32,5 cents
to 31 cents .. Uncertain when the new rates are effective, but believes it may be
March 1st.
. d) , AZ UST Policy Commission Rules - Commission members received a copy of the
Arizona UST Policy Commission Rules. These 12 Rules were briefly reviewed and
no discussion v.:as pursued .. Elijah Cardon thanked the Chairperson for ·'keeping it
simple".
e) Correction in AZ Administrative Register - Copies of this Register were handed out
to commission members. COITections are needed on the Register and Al Johnson
will make corrections and provide members with a corrected handout.
f) 49··1092, D-3. ..... at least 30 days to review and make written recommendations - There
appears to be a difference of opinion as to the n1eani~g of "at least 30 days~·'. It
appears uncertain as to whether this applies to a minimum of 30 days or a maximum
or 30 days. Myron Smith and ADEQ's Division Director Jean Calhoun agreed that
the term "at least" would apply to a minimum period of30 days with discretion to
e}.1:end the time frame if warranted.
g) Environmental representative - It is believed that the process is near completion
regarding the selection of an UST Environmental representative. Al Johnson will
follow-up with Governor's office to see how far this pr6cess has gone.
• AG discussion on conflicts of interest, rule of impossibilities
a) Myron Smith directed questions to Tamara Huddleston regarding "Conflict of
Interest" issues. Ms. Huddleston stated that this issue is compared to a '"balancing
act" in that, if an issue presented to the board called for making a decision, and that
decision had a direct bearing on a member of the commission or a member of his
family, then it would present a conflict of interest. Refer to explanation of conflict of
interest in the minutes of the January 6th meeting.
SUIllIDaIy (provided in WQARF Board Minutes) contents may help to clarify what
would constitute "Conflicts of Interest". This topic will be tabled for the next
meeting titled "Summary of Conflicts ofInterest".
Since the. legislature specifically chose the members of the UST Policy Commission,
it is understood that those one could make informed input and who have a
meaningful understanding ofUST process to make recommendations. Discussions
should be kept on general terms since it could affect members in the conflict of
interest issue.
In the event a conflict should arise, it must be disclosed to the committee before a
vote can take place.
Myron distributed copies of SB 1381, drawing attention to pg 7 which contains
language that might alleviate the conflict of interest that the board is facing.
Theresa F oster commented that the majority of SAF applications should present no
conflict.. It was recommended that the commission fonnally ask AG to look into this
issue for formal opinion .. Myron Smith \vill write a Jetter requesting guidance on this
Issue.
Training classes are being developed through ADOA. Al Johnson will contact
individual members regarding needed training ..
• Sub-Committees
a) Selection of chairpersons - As discussed at previous meeting, the commission needs
to see all comments for package or rules that are coming out. Myron Smith
apologized for faxing the one page document at such a late date.;
My-ron Smit. h asks everY.on"e to .con.tin.ue "comm - ents and make cham~.....e .s which--- wi-l-l- i--n-tum
be incorporated in next meeting.
Items #1,2 & 3 were commented on. Chairperson will verify "30 days" in item # 1.
Item #2; need to add another topic and Item #3 it was mentioned that suh-committee
meetings should be more flexible; meet at discretion of chairperson.
Any additional comments should be made and faxed to My~:on Smith who will place
on Agenda for adoption by committee members for next meeting.
A motion was made by Ed Truman to select chairpersons for the sub-committees and
was seconded by Elijah Cardon.
A motion was made by Ed Truman to elect Mike O'Hara to chair the financial sub­committee
and Harold Gill to chair the technical sub-committee. The motion was
seconded by ElUah Cardon with no opposition. The chairs of the sub-committees
may include others on the commission as well as the public, however those not on
the commission will not have voting authority.
b) Sub-Committee charge/direction - Regarding #5: recommend changes (Fax) to
Myron by February 18.
A suggestion was made that UST Corrective Action Manager, Phil McNeely
participate on the technical sub-committee and Patricia Nowack, Manager SAF
provide mput into the financial sub-committee.
Sub-chairs may assign members. Commission members should make known to the
chairs of their interest in working on sub-committee. Because of many issues, the
financial sub-committee should meet once per week.
The purpose of the sub-committees are to get consensus to be presented at
commission meeting.
BREAK at 10:50 a.m. and reconvened at 11: 18 a.m.
ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham - Ian Bingham provided handout which
outlined the Issue and the Impact of Program Reduction.
Services reduced or eliminated due to lack of funding. There have been no increase
over the past 8 year in tank fees. Due to rising costs, additional funding for
increasing needs bfprogram, Need to address some other form of funding. A
gradual increase of tank: fees with no additional funding will carry the program.
Elijah Cardon made a motion to send this issue to stib-tommittee ror immediate
discussion, and Michael O'Hara seconded the motion. Once discussed at sub­committee
it will go to cOrnnlission for vote and forwarded to, legislation.
Theresa Foster commented that the ohes who have and benefit from the program
should pay for it.
Elijah Cardon commented that they do have a review of program and that regulated
community should provide input. Motion made by Elijah Cardon to assign to sub­committee
and report back as soon as practicab1e on this issue. Michael O'Hara
seconded the motion. None opposed. Will report on issue at ne)"i meeting.
It was recommended by Ed Truman that voting issues be placed on next Agenda
Voting issues should appear for the benefit of the public.
• ADEQ Policy/Guidance Packages
a) CAP - Has been on web for approximately 2 months with few comments. Discuss
this issue at technical sub-committee and bring recommendation to commission
meeting for vote.
b) Time frames and licenses - Air pennits portion is zpissing
c)' SAP - Financial sub-committee will discuss SAF issues
d) RBCA - still in process of being worked and will be further discussed in technical
sub-committee
e) Pre-approval Process - existing policy; to be discussed at technical sub";committee.
Jean Calhoun commented on the SBI381. There are 4 bills that impact the UST program
(see handout-SB 1381) Some of the issues are: cost of running program; denial of claims and
streamlining process. Diagrams (see handout) to provide background and commission
members encouraged to read bill because of its impact to the UST program. This bill will be
heard at the legislature on Monday, F ebrmiry 15, 1999.
Call to Public
Comm~nts from Deborah Margraf representing the AZ Automotive Trade Organization
made several statements as follows:
1.
..,
.J.
4 ..
5 ..
6..
7.
Ne)"1 meetmg - would like to hear discussion of topics ofletter sent to Myron.
Place on IJ,ext agenda
There were approximateJy 4 or 5 visitors from the regulated community attending the
commission meeting. 'Concerned about the proper notification of meetings.
How can the public get hold of the meeting minutes?
Comment: (Minutes' to be posted on web)
Recommendation on Environmental person.
Comment: (Name has beeD: submitted to Governor"s office)
Letter to Governor's office regarding vacancies.
Voting on topic - need public testimony before vote should occur.
Regulated CommunitY- How will they know when sub-committees will be meeting.
Community needs to know.
Comments from Scott Burge
1. Vote - Need comments from public before voting occurs.
D Nex1 meeting agenda, date, location; and time - Next meeting will be held on March 18 at
8:30 a.m.
• Aqjourn - Meeting adjourned at 12:19 p.m.
Prepared by:
Darlene Dekle, UST & Program Support Administrative Assistant
Approved by:
Myron Smith, Chairperson
'.,: ;;.', .
1. Next meeting - would like to hear discussion oftopics ofletter sent to Myron.
Place on ne}..1 agenda.
2. There were approximately 4 or 5 visitors from the regulated community attending
the commission meeting. Concerned about the proper notification of meetings.
3. How can the public get hold of the meeting minUtes?
Comment: (Minutes to b~ posted on web)
4. Recommendation on Environmental person.
Comment: (Name has been submitted to Governor's office)
5. Letter to Governor's office regarding v9.cancies.
6. Voting on topic - need public testimony before vote should occur.
7~ . Regulated Community - How will they know when sub-commhtees will be
meeting. Community needs to know.
Comments from Scott Burge
1. Vote -Need cominents from public before v,oting occurs.
• Next meeting agenda, date, location, Wid time - Next meeting will be held on March 18 at
8:30 a.m.
• Adjourn - Me...-ting adjourned at 12:19 p.m.
Prepared by:
Approved By;
-;,,-,'>
•
US! POllCY CQMMISSION. MEETING
FEBRU_-ill.Yll. i999 9 am~12 NOON .
LQCATION: .WEQROOM 1709, 3033 NORTH CENTRAL A VENUE
PHOENIX, AL.
J. Opening Comments
2: Approval of Minutes of previous meeting·
3: Administrative Issues
a)
b)
c)
d)
e)
f)
g)
New ADEQ legislative liaison, John Atkins
Process to re-appoint commission member/term lim its
Reimbursement and expense fonn for expenses by commission members
Az. UST Policy Commission Rules 0
Correction in Az Admin.i strative Re-gister
49-1092, D-3 .... at least 30 days to review and make written
recommendations
Environmental representative
4.. .:-\G discussion on conflicts of interest, rule of impossibilities
).
6.
a) "Ethics and conflicts of interest training c1ass.:s, and other issues
Sub-Committee
a)
b)
Selection of Chairpersons
Sub-Committee charge/direction
BREAK - J 5 minutes
/. ADEQ Regulatory/Compliance Unit
a) Regulatory account shortfall/Ian Bingham
f 8: .:l.DEQ Policy/Guidance Packages
a) CAP
b) Time frames and Licenses
c) SAF
d) RBCA
e) Pre-approval Process
9: Open Topics
a) Legislative issues
10: Call to the Pub-lic
II: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
Persons 'with a disability may request a reasonable accommodation such as a sign language
interpreter, by contracting Darlene Dekle at 207-4324. Requests should be made as early as
possilil e to allow time to arrange the accommodation.
UST POLICY COl\fMISSION MEETING
MARcH 18, 1999 1 :00 pm-4:30 pm
LOCATION: ADEQ ROOM 1710
·3033 NORTH CEN'i'JlAL A VENUE
PHOENIX, AZ.
1" OPening Comments
2.: Approval of Minutes of pte via us meeting
3 .' Administrative Issues
4. Financial Subcommittee Report -RegulatOry Account Shortfall
a) Report, Recommendations and Discussions
b) Call to the' Public
c) Vote on Recommendations
5. Break: 15.Minutes
6: Technical Subcommittee - Corrective Action Plan Guidance Document
a) Report and Discussions
7: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) Pre-approval Process
8: Legislative issues
9: Open Topics
a) Debra Margrafi' Az. Auto Letter
10: Call to the Public
11: Ne:\.1: Meeting Agenda, Date, Location, and TIIDe
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign language
interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made as early as
possible to allow time to arrange the accommodation.
ComDJittee membe..":! present:
HUGill
MikeDcnby
MikcO'Hara
Jean Calhoun
EtlTruman
R.ogerBeal
Members absent,;
Myron Smith
T'hcresa Foster
EHjah Cardon
Matthew Ortega
UST Pnlli:y Cammjl!sion Meeting
MiIl~ ofMa:rcillS, 1999
.K3ren Halloway (Enviromne:ntaI Appointee)
R.eeorder. Darlene Dclde (UST Program)
• OPENING COMMENTS
:- .:.
The meeting was called to order at 9:00 a.m. MIl.:e O'Hara (vice clurir) welcomed all in attendance to the . '," .
UST Policy Commission rne;ting.
• APPROVAL OF MINUTES OF PREVIOUS MEETING
Draft Minutes ofprcvious meeting were distn1mted to mombeLS for :review" however were not approved
due to lack Qf quorum.
/10 ADMINISTRATIVE ISSUES
K~n Halloway bas been selected as the environmental representntive for the UST Policy
Commission.
,. Ethics training is available and will be conducted OD. April 23 from 1 :00-3:30 p.lIl- All membets
of1he Policy Commission are encomaged 10 attend.
~ The UST Policy Commission will hold meetings on the third Thursday of each month.
'" FINANCIAL SVBCOl\:lJ.WTI'EE REPORT-REGULATORY ACCOUNT SHORTFALL
a. Report, Remmrriendations and Discussions
Mike O'Hara provided overview of the two previous Financial Sub-rommittee meetings.
The activities from the InspectionS &: Complianc:: Ihritare important ar.d Deed to be main1ainerl..
OwnasaDd Opaarots face a tremendous financial burden for futuic releases as the State Assur.mce
Fund 'Will gI4dually he ~ out. Therefore. more importana: should be placed on 'preventi~ .
and early detection ofreleases.. T.ne UST~ aD.d compliance activities are an ~gra1 ~
UST Policy CommIssion MeciintT :;,
Mar-..h I&, 1999
Page 2
,..
of the pr.:ven.tative solution.
. Yl1P1ec ~Iiaru::e with Fedem! upgrade standards is impOrtant in preventing rcleases, a greater
emphaSis shoUld be placed on operation and maintenance., .
Sitf=s fIre~Y iP.spcctcd every 3-4 yeszs and 10 mainmin that I~ of frequency would not be
. pois11lied;eea.iiSe of the budget deficit '.' , ,
, :Re:ye!1!l'~ in tBn 1:- f.:.:s have declined due to tt1e reduced Dumber of t:anfs. w1ri1e the departmf:nt's
budg6thas in~ In 1990 there were approrimateIy 22,000 1mIks and in 1999. tllere are around
8300 tanks- Owners have removed smallertanks and repln~-d them with larger tm1ks (4-5 small
tanks have become 2-3 large taDl:s).
Need to inaease tank feo..s to majntain the level of program sUpport that cum:ntlyexists. It is the
opil:Uon of the Fmancial Sub-committee that an adequate levd. of ~ODS is sQmewhere
betWeen 1.000 (the current level) and 3,.500 (the level necessary to achieVe annual inspections).
... In ClI'Ckrto mend tOt: short-teml c.t:is.-"'S, !he UST Regulatory unit needs imrn .. .rl]at ... fuit~ Longer
. ,term solutions will be explored ova the ~ year. A long ienn s6llnion may inClude a
cOmbination or revenue incr.:ases andfor budget cuts. !an Binghmn was askerl to continue his
intemal review of potential program efficiencies and report to the Financial sulxommittee in
approximately two months. .
,.. Ian Bingham discussed several issues of concern and provided a handout (condensed versiOn). A
peonancrt: fix: is needed for the shortfull and to move the program. fOIWaId in becoming self
supporting. Inspection fees and Wlk ~ increases are necessary to keep the. program intact.
Extensive issues requiring Icing-term issues need to be explored in greater detaiL
b) Call to Public - no comments
c) Vote an recommendations
1)0 Mike O~aIa phoned Myron Smith for recommendation to meet the current shortfall. Ed
Tnmmnmade a moricn to maintain, attheCUIIellt~ fhndjng ofthereguJ.atoIy account
of the program through the:next:fiscal year FY'2000. Roger Be3l seconded the motion.
The 6 members present md Myron Smith (via phone) were in tavar. None opposed.
a) ., Report and Discussions: In bOth the :first and second technical sub-committee meetings the
Guidance Document 'W"'aS reviewed. The dic;clSnnerwas discussed in the fim meeting and
an It:maining portiOns (exception ofIastpage) were discussed in ~ meeting. The last
page of the document will be discussed at:next 1eclmica1 sub-committee meefulg scheduled .
for Apnl1. 1999. Recommendations to the· CAP Gtridance Document -will be presented
UST Policy Commission M~
Mar..h IS, 1999
Page 3
~qINICAL SIjB-COMMlTIEE CORRECTIVE AcrION PLAN GUIDANCE .DOC'tJ:MDlc"T
(c:6nt'd)
•
to the UST Policy Commission Meeting scheduldfur April IS 7 1999.'·
Briefmention ofYOting amhority. Undo:standing that ~ go~appOinted designee may
exercise voting authority aI UST Policy Commission Meeting. ,. .
ADEQ RULES, POUCY/GtJillp... ~. CE PACK..A,.GES
a) Time Frames aod Licenses: GRRC staff are not in favor of rule.. Tentative GRRC meecing
on April 6 (unlikely) Mike Denby has copy of letter from GRCc. Will send copy out to
members. Discussion between ADEQ and GRRC on hold. Definintion of licenses too
broad. .
.. ADEQ Rules. Policy/Guidam:e Packages (coItt'd)
b) SAP: Patricia Nowacl: has the 4th draft of the SAF Rule package. Should have package
by next US! Policy Commission ~g.
c) RBCA: should have information ready for next: UST Policy Commission meeting.
d) Pre-approval Process: containerl in the SAF rules
• LEGISLATIVE ISSUES\
, "
Regarding SB 1381 and HE 1196; seeks to reimburse funds borrowed from SAF; working on
langu.age to address issues of conecm. Bills to be heard in house ,next week.. .Should have
information on these bills 10 slmn:at the next UST Policy Commission meeting. Once bills are
~ m:ommendatians may beIIWie.
OPEN TOPICS
a) Debra MargraffAZ Auto Letter. Debra Margmf not present fur- di~on zegmding letter. This
agenda item. will be tabled for nc::d: meeting. Issues are currently being Degotiated.
John KemciylEnvironmental Teclmology: Evaluate policy andprocedmes for financial need;
e"!Iafuate entire liability (dmft role-in. senate bill bas been negotim:ed). IflegisIature does not pass;
look at in mIe.
Dan Kdley/Consuitant: Look at all sites to dc:te:mIinC::need of eligibility. Does liability of claim
get included in efiv1rility? Eligibility Deeds have been drafted for legislation Appears to be a
VBCUUIIl ofmlsunde:stmding. PatNowm:k offced clarlfica1ion of issue and provided a ~on of .
themIc.
UST Policy COID.I:I!ission Me::ting
Mmch 18. 1999
Page 4
*This subje:d will be plared on agenda for furthc:r discussion at fue ri.e:xI meeting as well as how
tD handle issues which are presc:nted to members at 1M meeting.
,. Documents should be provided fur public ~ ~g m~gs or make them available when
requested.
• NEXT :MEETIN'G
p. Next meeting is scheduled for April 15, 1999 from 1 :00-4:00, RIll. 1710
• ADJOURN - Meeting adjollII!ed at 10:4& un.
Prepared by:
.I QCuf,~~ ~(GC((q?
Darlene Dekle, UST & Progrrun Support Admin. Assistant
Mike O'H:an, Viee Chairperson for Myron S •
UST POLICY COMl\lISSION IvfEETING
MARCH 18, 1999 8:30 a.m. --NOON
LOCATION: PHOENIX CORPORATE CENTER, AUDITORIUM
3003 NORTH CENTRAL A VENUE
PHOENIX, ARIZONA
1. Opening Comments
2. Approval of Minutes of Previous Meeting
3. Administrative Issues
4. Financial Subcommittee Report-Regulatory Account Shortfall
a) Report, Recoinmendations and Discussions
b) Call to the Public
c) Vote on Recommendations
5. Break: 15 Minutes
6. Technical Subcommittee-Corrective Action Plan Guidance Document
a) Report and Discussions
7. ADEQ Rules, Policy/Guidance Packages
a) Time Frames and Licenses
b) SAF
c)RBCA
d.) Pre-approval Process
8. Legislative Issues
9. Open r opics
a) Debra Margraf7 AZ. Auto Letter
10. Call to the Public
11. Next Meeting Agenda, Date, Location, and Time
12. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign language
interpreter, by contacting Darlene Dekle at 207-4324. Request should be made as early as
possible to allow time to arrange the accommodation.
UST POLICY COM:MJSSION :MEETING
APRIL l~, 19991:30 pm-4:30 pm
LOCATION: ADEQROOM 1709
3033 NORTH CE1\TJ'RAL A VEl'I'1JE
PHOE1\1JX, AZ.
1. Opening Comments
2: Approval ofMimites of previous meeting
3: Administrative Issues
4: Technical Subcommittee - Corrective Action Plan Guidance Document
a) Report, Recommendations and Discussions
b) CaIl to the Public
c) Vote on Recommendations
5. Break: 15 Minutes
6. Financial Subcommittee
7: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) others
8: Legislative issues
9: Open TopIcs
a) SRL for MTBE protective of Groundwater
b) SW-846 Method 5035, viability and/or necessity of SW-846 Method
5035 in Arizona
10: Call to the Public
11 : Next MeetingAgenda, Date, Location, and Time
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
_ language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
lVUNUTES OF THE APRIL 15,1999 MEETING OF
THE UST POLICY COMMISSION
BOARD MEMBERS IN ATTENDANCE:
Roger BeaI
Jean Calhoun
Elijah Cardon
Michael Denby
Theresa Foster
Harold Gill
Myron Smith
Matthew Ortega
Ed Truman
BOARD MEMBERS ABSENT:
Mike O'Hara
Karen Holloway-Environmental
OPENING COMMENTS
Chairperson Myron W .. Smith welcomed Policy Commission Members and public to the UST
Policy Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
.. Approval of the Minutes of the previous meeting (March 8) have been postponed until the next
meeting. Mike O'Hara chaired the previous meeting and is not in attendance today.
AD:MINISTRATIVE ISSUES
• Patricia Nowack has received 1 reimbursement claim from commission members. Members were
asked to submit their claims on a quarterly basis. A W-9 fonn is required andwas distributed to
all members and should be returned with their first claim.
Sev~ral commissi¢n members' terms will expire at the end of May. Do we know the procedure
for renewal? AI Johnson (UST Ombudsman) will follow-up on the process to fmd the proper
procedure for reappointment/renomination. A letter will then be sent to the Governor to request
reappointment of the terms' for those members. Do we need to post member vacancy?
• Need procedures for letters, questions, or items from public. Assume that they should be addressed
to UST Policy Commission chairperson. It is advisable that public should submit 2 weeks prior
to meeting. Chair win distribute to members. If contributor is not present, items submitted win
be tabled for next meeting.
UST Policy Commission "wleeting Minutes
April 15, 1999
Page 2
* Jean Calhoun left the meeting at 2:00 p .. m.
Ethics training may be taken during the tenure of the app6ihtri1~n!f()r the commission member ..
Office of Excellence in Government will conduct trairiiri~ gne "~eek from Friday .. Training for
Boards and Commissions will be held fr·om 8·· 12. a .. m. and Ethics training from 1-3 p.m. All
members are encouraged to take the April 23 training. .. . .'
-- ~ - . .'
A separate Etrucs Training class \vill be held on May 20, i6~-?J1d Jurte 17 from 1 :00-5 :00 p.m. at
1616 W. Adams. You may contact Debbie Shelton at 542':5916 for information or to register for
classes.
TECHNICAL SUB-COMMITTEE CORRECTIVE ACTION PLAN GUIDANCE DOCUMENT
Hal Gil su~mitted letter to Myron Smith regarding Recommendations discussed at the UST Technical
Sub-committee meetings.
a) During the course of the three meetings, the COIrective Action Plah Guidance Document was
reviewed page by page. Changes made in this document were outlined in the letter to Myron
Smith.
Changes were made to the Guidance Document where there was a general disagreement with
the language. Other changes were made by moving language around in the document to make
it more accurate and eliminating language that was redundant or unnecessary.
Under the section "Public Participation~.', comments were made regarding soil only sites and
CAPS. The CFR requires public notice when the department requires a CAP. Technical sub­committee
should discuss a soil-only guidance.
Myron tabled paragraph in :first bullet back to the technical sub-committee for further
discussion. There was no change in the second and third bullets. The fourth bullet and the 4
sub-bullets should be stricken.
Appendix A: CAP vs RAP is to be removed.
Discussion regarding the GPL for MTBE to be tabled for later discussion.
Appendix D: No change on Section I; Section II-Definition of "Source" Recommendation that
definition be developed.
Section N - Recommend that language be changed·
Section VII-Recommend that language be changed
UST Policy Commission Meeting Minutes
April 15. J 999
Page 3
b) Comment frQm Dan Kelley: GPL for MTBE process takes too long; need to deal with it now.
c) Myron Smith made motion to accept recommendations as corrected and amended. The motion
was seconded by Elijah Cardon. All in favoL
FINANCIAL SUB-COMMITTEE
•
*
..
..
SAF phase-out; need to move ahead with further recommendations; detennlne long tenn
solution.
Ed Truman (UST Policy Commission Member) arrived at 3:45 p .. m.
Vote on rules package - go to fInancial sub-committee
There v.rill be a meeting on GRRC the fIrst Tuesday of June .
LEGISLATIVE ISSUES
• Money for regulatory account is in SB 1381. Consensus between ADEQ and chamber
regarding changes to the bill. Bill could be heard on house floor at any time.,
.. Legislative session will continue for a few more weeks. The 120 days (regular session) is up
today.
OPEN TOPICS
a) Request from Hal Gill that discussion with ADEQ ofSRL to MTBE truly protective of
ground water. SRL not necessarily protective of groundwater.
There is a need to find ways to develop a GPL for MTBE; take care of problem while in
soil before it reaches ground water.
All members of the commission were encouraged to attend the MTBE meeting in May.
b) How EPA SW -846 is required. This will be referred as an agenda item to the technical
sub-committee. ADEQ is drafting policy on use of this method.
Method 5030 (b) no longer refers to soil in preparation of volatile; 5035 soils for
volatile analysis. (Technical sub-committee will work with ADEQ & ADHS)
UST Policy Commission Meeting Minutes
April 15, 1999
Page 4
CALL TO PlJBLIC
Policy Commission members unable to attend the May 6, MTBE Stakeholders meeting - please
advise ..
Sub-committees - who provides information
Minutes of meetings will be placed on website for publi~ when finalized.
Coordination within ADEQ - Need to have Air Quality involved in discussion. Should invite
them to meeting .. A letter should be sent detailing why they should be involved.
*
*
Place Air Quality on neA'! agenda Request that Nancy Wrona and others attend the next
UST Policy Coi:nmission Meeting.
Jean Calhoun returned to meeting at 4:25 p.m.
George Tsiolis distributed handout of Draft SAF Rules.
Meeting Agenda, handouts to be sent to absent commission members.
NEXT MEETING
The next UST Policy Commission Meeting will be held on May 20, from 9:00-12:00 in ADEQ
Conference Room 1709
Ed Truman informed Policy Commission that he had a conflict and would be unable to attend.
ADJOURN: 4:30
UST Policy Commission Me-""!.ing Minutes
Apri11S, 1999
Page 4
CALL TO PUBLIC
Policy Commission .merilbers unahle to attend the May 6, MfBE St3keholders meeting - please
advise.
Sub-cornmi~ - who provides information
Minutes of meetings will be placed on website for public when .finalized.
Coordination within ADEQ - Need to have Air Quality involved in discussion. Should invite
themro IIie..oting. A letter should be sent dciailing why they should he involved,;
• Place Air Quality on n..."'X1 agenda. .Request truit Nancy Wrona: and otheIs ~ the next
UST Policy Commission Meeting.
• Jean Calhoun returned to meeting at 4;25 p.m.
George T~olis distributed handout ofDmft SAF Rules.
Meeting Agenda, handouts to be sent to absent commission members.
NEXT MEETING
The next UST Policy Commission Meeting Vlrill be held on May 20, from 9:00-12:00 in ADEQ
Confc:rence Room 1709
Ed Truman informed Policy Co.mmi.ssion that he had a cpoflict and would be mmble to attend.
ADJOURN: 4:30
~A~()" . ~ ~ - --
UST POLICY COMMISSION MEETING
MAY 20, 1999 9:00 am-.;.12:00 noon
LOCATION: ADEQ ROOM 1709
3033 NORTH CENTRAL A VENUE
PHOEl\1X, AZ.
1: Opening Comments
2: Approval of Minutes of previous meeting
3: Administrative Issues
, 4: Open Topics
5: Technical Sub-committee
6: BREAK: 15 Minutes
7: Financial Sub-committee
8: ADEQ Rule, Policy/Guidance Packages
a) Time frames and Licenses
b) SAF
c) RBCA
d) others
9: Legislative issues and updates
10: Call to the Public
11: Next Meeting Agenda, Date, Location, and Time
12: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
MINUTES OF THE l\1A Y 20,1999 MEETING OF
THE UST POLICY COI\1M]SSION
BOA.RD MEMBERS IN ATTEl\TDANCE:
Roger Beal
Phil McNeely for Jean Calhoun
Elijah Cardon
Harold Gill
Myron Smith
Matthew Ortega
BOARD MEMBERS ABSENT:
Mike O'Hara
Kar€~ Hollo\x/ay-En"irollil1entaI
Ed Truman
Theresa Foster
Mike Denby
OPENING COMMENTS
Chairperson Myron W. Smith welcomed Policy Commission MeinDers and public to the UST Policy
Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
• Minutes of the previous meetings (March 18 and April IS) will be submitted for approval at the next
meeting. A quorum. was not present to vote on approval of minutes. Mike O'Hara chaired the March
18 meeting and is not in attendance today.
ADMINISTRATIVE ISSUES
Ethics Training is available and encouraged for those members who have not received training. Myron
Smith will acquire a training schedule and submit to all board members for training later in the year.
OPEN TOPICS
• During the last couple of months the State Assurance Fund (SAF) has gone through a 3-phase pre
approval project completing phases 1 and 2 which has freed up about $7 million to pay ranked SAF
claims. Phase 3 will be completed in the next couple of months. During this time frame, funds will be
unencumbered as process goes along.
Approximately 80 claims per month are received which includes both Maricopa and non-Maricopa. No
large increases or decreases are anticipated in the next year or two, therefore with about $4 million/month
in claims, about $2 million/month in revenues come in putting us $2 million! month further behind in
obligations to the fund.
UST Policy Commission Meeting Minutes
May 20. 1999
Page 2
It would take about 4 Y: years to payoff existing claims if no other claims are received fr'om this day
forward .. Tank owners/operators \vho have not upgraded their timksby June 30, 2000 wIIl receive only
50% eligibility to the SAF. Th.is would encourage ov.mers/operators to seek other funding for corrective
action on their own.
There is a strong need to re-focus on the 6 corrimission mandates in ARS §4 9-1092. A report wiII be sent
to Governor (due by December), and recommendations will be due on these mandate items in the October
time frame for the final report.. Committee should start working on report and evaluate each item with
time frame.
Need to look at cost ceiling in SB 1381 (broad-based cost ceiling). The next meeting will be held on May
2.5 at 9:00 a.m. in Rm. 1706. Ail interested persons are invited to come and participate.
TECHNICAL SUB-COMMITTEE
• Completed recommendations to CAP Guidance, Myron will draft a cover letter when submitting
recommendations, possible next week.
FINANCLAL SUB-COMMITTEE
• Sub-committee will look at SAP rule package and vote on the recommendations at the next UST Policy
Commission Meeting.
Sub-committee wiII look at the 6 commission mandates in ARS §49-1092.
Need to come up with permanent solution for the Regulatory Account ShortfalL
ADEQ Rule, Policy/Guidance Packages
.. Financial Sub-comrnittee should meet to make recommendation to vote on SAF Ru1e.
RBCA - actually LUST Corrective Action Rules, which include more than just RBCA; available to
distribute in June.
Comments on Rules Package,. Financial Sub-committee to submit recommendation in draft form one
week before the next UST Policy Commission Meeting.
LEGISLATIVE ISSUES AND UPDATES
.. SB 1196 - passed at Legislature with some revisions related to appropriations to SAF fund; regulatory
account adequately funded for the next :fiscal year 2000.
SBl381 - UST Bill passed ancisigned by governor. The amount of$500,000 was granted to the UST
Policy Commission to ~tnriv ~h~rnt'tp.,..;",ti('", "f' T"Prrnl",t<>,i +~ '"M.. ___ -C __ .:I_ ----- -' ,
UST Policy Commission Meeting U"mmes
May2Q,1999
Pllge 3
CALL TO THE PUBLIC
• Debra Margraf of the A2 Auto Assoc. was interested in se...ofug that the UST Policy Commission
M~~.f4nd Sub-Committeo Meetings get pIaccl in the DEQ NeWslettery so that more people in the
regulated. coIrimrinity are aware of the meeting dales and times.
Ron K~ responded by stating that we presently have a vacancy within the UST Customer Senrice
area, thefclOre the" D.ewslc:tter is not currently going out. Once the n...'"WSlener goes 004 it will contain
the IDfo.nliation.regarding the meeTings. .
It "was recommended that the $'5 allotted for the study be placed on the agenda in all future meetings
for disCllSSion and updates. .
Sub-:committees will vote on recommendations and bring back vote on vendors intcn:sted in making a
bid to aSSist ill the srudy_ A third sub-committee will be formed to deal specific:a1ly with. the allotted
dollBrs and to ~ With the procmemenr process for vendor selection for the scope ofwork and cost
for !his stDdy. l <
If it is determined that the study is outside scope of state contractors then a recomme:ndmiOIl may be
made to proc:un:me:nt to add name of vendors to list.
It woald be beneficial to invite the procurement supervisor to the next med:ing to give a run down on
the process and procedure asscdated with the bidding process.
Roger Beal asked that he be made aware of ~ particularly problematic ones discussed at the sub­C01rinlittees
(what works, wh.c:t doc:sn't,howto make it better).
NEXT MEETING
The next UST Policy Commission Meeting will be held on June 17, from 9:00-12:00 in ADEQ
Con:feIence Room 1709
ADJOURN; 10:15 LDL
Darlene Del:Ie" UST &: Program Support ~AuiIIl!.i:Iit:rtI;titt
Approved by:
UST POLICY COl\IMISSION :MEETING
JUN"'E 22, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM InO
3033 NORTH CENTR4..L A VEl\tuE
PHOEI\1JX, AX.
1: Opening Conunents
2: Approval of Minutes of Previous Meetings
3: Administrative Issues
·4: Open Topics
5: Technical Sub-committee
Vote on Interagency Service Agreement with ADEQ
Vote on Conceptual Design for the Technical Study
6: BREAK: 15 Minutes
7: Financial Sub-committee
8: Call to the Public
9: Next Meeting Agenda, Date, Location, and Time
10: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
l\lINUTES OF THE JUNE 22, 1999 MEETING OF
THE UST POLICY COl\1l\lISSION
BOARD MEMBERS IN ATTENDANCE:
Roger Beal
Jean Calhoun
Harold Gill
Myron Smith
Theresa Foster
Ed Truman
MikeO'Hara
Mike Denby
BOARD MEMBERS ABSENT:
Matt Ortega
Karen Holloway
Elijah Cardon
OPEl\rrNG COMMENTS
Chairperson Myron W. Smith welcomed Policy Commission Members and public to the UST Policy
Commission Meeting.
APPROVAL OF MINUTES OF PREVIOUS MEETING
.. Members of the Policy Commission reviewed the minutes from the March 18, April 15 and May 20
meetings. These minutes from all three meetings were approved with changes.
ADMINISTRATIVE ISSUES
• No discussion
OPEN TOPICS
..
..
The Technical Sub-committee chairperson will send a letter to Nancy Wrona, (Air Quality) and the AZ .
Department of Water Resources (ADWR) to request their attendance at the ne)..1 UST Policy Commission
Meeting.
A staff member from the Chamber of Commerce asked pennission and distributed a handout (decision
paper) to UST Policy Commission members. Members would like to receive handouts before hand so
they have time to review and make comments at meetings. There is a protocol for distributing handouts
which was brought up and agreed (voted) upon at the April meeting.
TECHNICAL SUB-COMMITTEE
.. Vote on Interagency Service Agreement with ADEQ - hold for discussion of draft ISA. Kathleen
DOll:,anerty ofContractslProcurement will work with commission to hire consuItant(s)_ m::lnt1(mt Ul::l~
UST Policy Commission Meeting Ivfinutes
June 22. I 999
Page .2
distributed). Need to know the purpose of the study in order to give direction to person)s) contracted to
complete the study.. SB 1381 - Committee may contact most appropriate to do an ISA between
commission and procurement; defining roles., Kathleen Dougherty will discuss \vith Hal Gill and a letter
will be sent to state procurement office ,. The J'ote will be tab(edfor tire ne.xt meethtg.
• Mike O'Hara requested a copy of the legislation that mandates the study ..
It was recommended that the policy commission members vote on the actual scope of work and the final
list of recommendations for hiring the consultant at the July 21 meeting ..
;> The chairman discllssed the hiring of a consultant to oversee the study indicating that more than one
contract would be involved. There was a great deal of concern regarding the possibility of two contracts.
Specific goals should be defined, without reinventing the wheel. It is necessary to establish goals and
purpose before hiring a contractor. The contractor must provide specifics on how to meet our goals. The
vendor with the best methodology (part of their response) is the one who should be selected.
More members need to attend the Technical Sub-committee meeting to provide input for continued
development of the program. / <
• Roger Beal suggested that sub-committee meetings be held on same day as the UST Policy Commission
meetings to make it easier for those traveling a further distance to attend.
Fact sheet (Facts about Study) will be brought to the next meeting for discussion.
BREAK. - 2:25 p.m.
*Theresa Foster left the meeting during the break
FINANCIAL SUB-COMMITTEE
.. SAF Rules Package on table since mid ApriL Work still in progress; ongoing issues. Comments written
and win bring to next Policy Commission meeting.
There is no deadline - .have not gone to public comment
.. Regulatory Account - recommendation for funding for current year only. There is 'a problem for finding
solution for long tenn funding problem. Within two months we should have recommendations to present
to the Policy Commission.
Cost ceilings - focus on methodology of numbers themselves. Topic of next Financial Sub-committee;
continued discllSSion.
Phase-out of State Assurance Fund - open discussion for next meeting. Recommendations to be given
to Policy Commission later in the year. Need clear direction as to where state will go. S.A..F unable to
_1_, _ ~ __ II A'~T"'.Ll r
- .....-::::-.~-
U'-'l" l'UU":,)' \..-umrol"'SlOn lVle!!!:!I1g IVUnUll:S
June 2"2., 1999
?:lge :;
, . JB c.-'\LL TO THE PUBUC
Cost Ceilings - smroto."Y dead1i& (All::,~ 15) Commission has 30 day comm::nt period. ~be:r 15
deadEn ..... Need to have recomm...~r.S for JIOte at the July 21 meaiJr:.
Tasked based. set of guidclIDes w-s given. to Myron to be distributed to members refle...."1iog on what
they vrant to see. ADEQ held three meeting 2t which comments were ~sted. (written) as required
in statute.
Ed. Tn.u:rum l .. ft the m~..mg at 3:00 p.m.
The DOct UST Policy Comm;ssioll ~ting v.ill be held on July 21, from 9:00-12.:00 in A.DEQ
Conference: Roam. 1710
ADJOUR1t\: 3:a5 p..m..
.!
Darlene Dekle, UST &. Program ~upport AdInici#r:m
Approved by:
1 :
3:
4:
5:
UST POLlCY COMMISSION MEETING
JU1'rE 22, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM 1710
3033 NORTH CENTR-U. AVENUE
PHOEl\.1JX, AZ.
Opening Comments
Approval of Minutes of Previous Meetings
Administrative Issues
Open Topics
Technical Sub-committee
Vote on Interagency Service Agreement with ADEQ
Vote on Conceptual Design for the Technical Study
6: BREAK.: 15 Minutes
7: Financial Sub-committee
8: Call to the Public
9: Next Meeting Agenda, Date, Location, andTime
10: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
UST POLICY COMMlSSI0N ]\1EETING
JULY 21, 1999 1:00 pm-4:00 pm
LOCATION: ADEQ ROOM 1709
3033 NORTH CENTRAL A VENUE
PHOE!\TJX, AZ.
1: Opening Comments
2: Approval of Minutes of Previous Meetings
3 : Ad.ministrative Issues
.. Administrative Budget
4: Procurement process
II ReView of process as it relates to the groundwater study
5: Technical Sub-Committee
.. Review groundwater study scope of work
.. Vote on scope of work
6: BREAK 15 minutes
7: Financial Sub-Committee
.. Review SAF rule package
8: ADEQ RuIe, Policy/Guidance Packages
• Time Frames and Licensees
• RBCA
.. others
9: Legislative issues and updates
10: Open topics
11 : Call to the Public
12: Ne)..1: Meeting Agenda, Date, Location, and Time
13: Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
l\lINUTES OFTHE JULY 21, 1999lVIEETING OF
THE UST POLICY COl\1.MISSION
BOARD MEMBERS IN ATTENDANCE:
Myron Smith
Phil McNeely for Jean Calhoun
Harold Gill
Roger Beal
Mike Denby
Karen Holloway
Elijah Cardon
BOARD MEMBERS ABSENT:
Matt Ortega
Ed Truman
Theresa Foster
Mike O'Hara
Meeting began at 1:12 p.m.
OPEl\TJNG COMl\1ENTS
Chairperson Myron W .. Smith welcomed Policy Commission Members and public to the UST Policy
Commission Meeting ..
APPROVAL OF MINUTES OF PREVIOUS MEETING
Motion was made to approve the minutes of the June 22 Policy Commission Meeting by Myron, and
seconded by Roger Beal. These meeting minutes were approved with changes ..
ADMINISTRATIVE ISSUES
Administrative Budget
The Legislature allocated $10,000 for the UST Policy Commission in FY '99. The balance of these funds
have rolled over into the new fiscal year 2000. The Commission will request another allotment offunds
at the next legislative session, if the lerrislation feels that the commission needs them.
A portion of these funds may be used to hire a clerical person (or court reporter) to provide the meeting
support and clerical responsibilities necessary for the meetings (i.e. minutes of meetings, faxes, agenda,
etc). Kathleen Dougherty of Procurement will work with the UST Ombudsman to have someone in place
ideally by the next meeting in August. The UST AAI has been providing the clerical support to the
commission since its inception.
A copy of the schedule of meetings was distributed to commission members and emphasis was placed
on adhering to the meeting arrangement.
UST Policy Commission Meeting
J ul y 21.. 1 999
Page :2
• Procurement Process
Review of process as it relates to the groundv.:ater study - Governmental Agreement: lSA or IGA
(working to resolve). Commission, DEQ and SPO administrator wiII meet and feedback will be given
to commission regarding their ability to issue procurements. .
"'Voting Approval for next meeting
technical team has done good job
TIext steps - get consensus
evaluate offers received
conflict of interest issues (integrity of commission and study)
committee of approximately 5 persons for contractor selection with at least 1 person from
procurement (should be good judge of candidates)
should names come to commission to be voted on?
procurement codes are confidential, therefore may go into Executive Session for confidentiality
TECHl\TJ:CAL SUB-COMMITTEE
• Determine mission, goals and scope of study; overall process. First phase will come up with true scope
of work. The UST Technical Study Scope of Work (Draft Document) was distributed for review and
discussion. As a result, several changes were implemented as follows:
Goals: Three of the four bullet points were revised to read:
~ Compile and summarize characteristics of the LUST groundwater plumes, including but not
limited to, size ~d rate of movement
Identify the risk and exposure pathways (including but not limited to threatened or impacted
production wells) created by the groundwater plumes
Summarize the types of corrective actions performed at Arizona groundwater LUST sites, and
assess the cost and effectiveness to date.
Karen Holloway mad~ a motion to accept the goals as revised and Hal seconded the motion.
Scope of Work: Two of the four bullet points were revised as follows:
'" Evaluate the presence of regulated substances at LUST sites with emphasis on benzene, P &'9:s,
MTBE, I,2-DCA and EDB
'" Maintain lines of communication with UST Policy Commision at least monthly
Myron made motion to approve the changes in the scope of work and Karen seconded the motion. None
opposed.
iJST Polic), Commission Meeting
July 2/. 1999
Page 3
Tnere"W-"...s dis.::-JSSion regarding the mission sn1!e:nenr and it W~ resolved that th= wiD be two miSsion
stBt:m~ts to :read as follows:
~ Commjssion Groundwater Study -Research tke tiacumentetl rektzses of regWmeti suhstarteeS
from URdergrolma Swroge Ianf.s to graantiwatO in this state and prtlVide datil to make
recoin.mentiaticms as appropriate to the study, 10 the legislature. and ADEQ to 11t04fY the
a:istlng UST program.
Mission Sbfement for Study,.. To itIentify rpui develop techniC1lIly defensible and statistic:1Z1ly
sign.UlCfmt data on Arizona LUST growufwata sites. to be used by the Arizona UST PoliCy
Cammissum. in the pzosuil. oj tJr.e Cf)mmfrsiorrs7 mission statement.
Ka:.~ HolIo\\~y made motion to- ac~pt th~~ t'.ya T"ni~on stttements and P~ger Bcal seconded the
motion. There were none opposed...
15-A list ofn.amesfor the sekctWn. committee will be brollgitt to the next UST Policy Commissicn
Medi1tgfor vote.
The n:::rl tedmical sub-committee will be held on July 27, 1999.
IreIr'.5 1, 8, 9 and 10 W'J1 b:: tabled for discussion at the next tTST -Policy Gomrilission Meeting due 10 time
constraints •
...... ALL TO THE PUBLIC
.. Pat Nowack COIDIllCnl:cd on the closure on cost ceilings. Financial and Technical need to come up with.
final ddinitions for SAF Cost Ceilings policy and given to members ono week before the meeting for
their review.
Sra1u!ary timelinc fur 8M Cost Ceilings are to take priority over the groundwater study.
NEXT MEETING
The next UST Policy Commission Meeting will be held an August 18. from 9:00-12:00 in ADEQ
Conference Room 1706
ADJOURN: 4:05 p..llZL
Prepared by:
. A' (.4!A1& L ~ f/;( d9
Darlene D-•. kk; UST & Program Support ~vc:: Assistant
Approved by:
TOTAL P.04 •
UST POLICY COMMISSION MEETING
JULY 21,1999 1:00 pm-4:00 pm
LOCATION: .A.DEQ ROOM 1709
3033 NORTH CE~rrRAL A VE~lJE
PHOEl\1JX, AZ.
1: Opening Comments
2: Approval of Minutes of Previous Meetings
.3: Administrative Issues
.. Administrative Budget
4: Procurement process
,. Review of process as it relates to the groundwater study
5: Technical Sub-Committee
Review groundwater study scope of work
Vote on scope of work
6: BREAK 15 minutes
7: Financial Sub-Committee
!II Review SAF rule package
8: ADEQ Rule, Policy/Guidance Packages
.. Time Frames and Licensees
.. RBCA
• others
9: Legislative issues and updates
10: Open topics
11: Call to the Public
12: Next Meeting Agenda, D~te, Location, and Time
1 ~·
~. Adjourn
Persons with a disability may request a reasonable accommodation such as a sign
language interpreter, by contacting Darlene Dekle at 207-4324. Requests should be made
as early as possible to allow time to arrange the accommodation.
UST POLICY C01\1MISSION MEETIl\fG
AUGUST 18,1999 9AJ\1-12NOON
ADEQ ROOM 1706, 3(}33 NORTH CENTRAL AVE.
PHOEl'i1X, AZ.
1. Opening Comments
2. Approval of Minutes of previous meeting
3. Administrative Issues
• Administrative Budget
e Support to Commission
4. Financial Sub-Committee
• Review SAF cost/definitions package
If Call to the Public
• Vote on SAF cost/definitions
5. BREAK 15 minutes
6. Procurement Process
$ Review of process as it relates to the groundwater study
7. Technical Sub-Committee
• Review groundwater study scope of work
8. ADEQ Rule, Policy/Guidance Packages
If Corrective Action
• SAP
• Others
9. Legislative issues and updates
• Policy Commission statute
10. Open Topics
11. Call to the Public
12. Next Meeting Agenda, Date, Location, and Time
13. Adjourn
P'!I'SOns with a disability may request a reasonable aCt:OlJUOOdation such as a sign language interpreter, by contacting
Dar'iene Dekle at 207-4324. Requests should be made as eu1y as possible to allow time to arrange the accommodation.
l\1INUTES OF THE AUGUST 18,1999 MEETING OF
THE UST POLICY COl\1l\lISSION
BOARD MEMBERS IN A TTEND.A:\CE:
Roger Beal
Jean Calhoun
Myron Smith
Theresa Foster
Ed Truman
Mike O'Hara
Mike Denby
Karen Holloway
BOA..RD MEIVrBERS ABSENT:
Matt Ortega
Hal Gill
OPENING COMMENTS
The UST Policy Commission will be discussing a full agenda today and should get through
the agenda items within the allotted time.
APPROVAL OF MINUTES OF PREVIOUS MEETING
A comment was made regarding the "Mission Statement" in the minutes of the previous
meeting. It was recommended that the word "to" be changed to "from" in the statement.
ADMINISTRATIVE ISSUES
SAF Administrator provided update on UST Policy Commission budget of $10,000. It is
anticipated that the remainder of the budget ($9,157.26 at end ofFY' 1999) will be used
during this fiscal year, and the Policy Commission chairperson (Myron Smith) will propose
to the legislature another $10,000 budget for ne:>..'t year.
The chairperson will work with Procurement to replace the UST Administrative Assistant
who currently provides clerical support for the Commission.
FINANCIAL SUB-COMMITTEE
~ Review of the SAF cost/definitions package
~ Several comments to DEQ on SAF Ru1es package, however, no specific recommendations
at this time.
The Ru1es Package continues -to be developed with a target date of October for draft
completion.
UST Policy Commission Meeting
August 18, 1999
Pagel
Several concepts to phase out the SAF \\!ere presented. Phase-out for new releases. Releases
reported prior to a specified date would be grandfathered. Date of phase-out should give
sufficient notice for UST owner/operator to take appropriate actions, and to acquire private
msurance.
The Financial Sub-committee should have a meeting before the next UST Policy
C0111IrllSsion Meeting regarding phasing out the SAt. Commission members would like to
have an Insurance re.p resentative attend the meeting- ..
Three general concepts developed in the sub-committee concerning the SAF cost ceilings
were:
a.. recommend ADEQ set a ceiling amount closer to the mean
b. revising statutes and rules to revise cost cei1~ngs' less frequently (3 years);
currently revised annually ,
c.. revise statutes and rules to allow owners/operators to have costs reviewed
under the new cost ceilings; reduce appeals and administrative time; simplify
review process
" consensus of committee; guidelines/cost ceilings mechanism/means
of having a higher figure potentially set
Commission would like to make recommendation for a 3 year review; get consensus on item
"B"; and bring items "A and C" back to the Commission for p..rrther discussion. These items
need more facts and figures before vote can be made.
There was further discussion regarding the 3 items and additional facts and figures will be
discussed in the Financial Sub-committee and voted on at the next commission meeting.
Cost ceiling definitions - There are 2 sets of definitions; ADEQ's and those from the
Chamber of Commerce. There will be reconciliation of both documents, and currently the
sub-committeeis in agreement (95%) with the definitions of the department.
The approximate 5% are unresolved and a meeting is needed to resolve these definitions.
The Financial Sub-committee needs to meet one more time to compile the package and vote.
Cost surVey's should be out in the neA'! week. Technical Sub-committee needs to meet next
week to finalize this issue and bring it to vote. It is critical to conduct the vote to meet the
statutory deadline of September 15, 1999.
There will be a special meeting of the UST Policy Commission to discuss and vote on this
one issue (Cost Ceilinvd
UST Policy Commission Meeting
August 18, 1999
Page .3
• UST Regulatory Account Shortfall - Policy Commission to be proposing resolution for next
legislative session.
BREAK at 10:22 a.m.
RECONVENE at 10:42 a.lil.
PROCUREMENT PROCESS AND TECHNICAL SUB-COMMITTEE (Concerning
Groundwater Study)
Chairperson to set.,.up time line for Commission vote on Scope of Work by October meeting.
ADEQ RULE, POLICY/GUIDANCE PACKAGES
Draft Corrective Action Rules are available for public comment; SAF Draft Rule Package
is out for review. The Corrective Action Rule package should have informal comments
(due 8118) and fonnal comments due September and October with final draft to
Governor's Regulatory Review Council for approval December 31.
Comments submitted after today, August 18, may not be guaranteed for review. There is
frustration concerning the short time frame; comments were not solicited until July 30.
Rule is available on Website and also available a